The Merchants' Law Book: Being a Treatise on the Law of Account Render, Attachment, Bailment, Bills of Exchange and Promissory Notes, Carriers, Insurance Against Fire, Letters of Credit, Partnership, Principal and Agent, Stoppage in Transitu, &c. Illustrated by Many Thousand Judicial Decisions, and Designed Expressly for the Use of Merchants in the United States

U. Hunt, 1831 - 346 páginas
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Página 109 - A.'s name upon the bill, if it is dishonoured there is no demand, for there was no relation between the parties except that transaction, and the circumstance of not taking the name upon the bill, is evidence of a purchase of the bill. In a sale of goods the law implies a contract that those goods shall be paid for. It is competent to the party to agree that the payment shall be by a particular bill. In this instance it would be extremely difficult to persuade a jury, under the direction of a judge,...
Página 291 - It is not essential to a partnership that one partner should have power to draw bills and notes in the partnership firm to charge the others; they may stipulate between themselves that it shall not be done; and, if a third person, having notice of this, will take such a security from one of the partners, he shall not sue the others upon it in breach of such stipulation, nor in defiance of a notice previously given to him by one of them that he will not be liable for any bill or note signed by the...
Página 281 - he who takes a moiety of all the profits indefinitely shall by operation of law be made liable to losses, if losses arise, upon the principle that by taking part of the profits he takes from the creditors a part of that fund which is the proper security to them for the payment of their debts.
Página 57 - Jones has expressed it, it is the care which every person of common prudence and capable of governing a family takes of his own concerns.
Página 82 - I agree with my brother Ashhurst, that there is a wide distinction between general and particular agents. If a person be appointed a general agent, as in the case of a factor for a merchant residing abroad, the principal is bound by his acts. But an agent, constituted so for a particular purpose and under a limited and circumscribed power, cannot bind the principal by any act in which he exceeds his authority...
Página 234 - And this is a politic establishment, contrived by the policy of the law for the safety of all persons, the necessity of whose affairs obliges them to trust these sorts of persons, that they may be safe in their ways of...
Página 20 - The rule is the same in principle at law ; a settled account is only prima facie evidence of its correctness. It may be impeached by proof of unfairness, or mistake, in law, or in fact...
Página 327 - ... designation of the property for his principal. But where a merchant abroad, in pursuance of orders, either sells his own goods, or purchases goods on his own credit, (and thereby, in reality, becomes the owner,) no property in the goods vests in his correspondent until he has done some notorious act to devest himself of his title, or has parted with the possession by an actual and unconditional delivery for the use of such correspondent.
Página 29 - ... that then, and in every such case, it shall and may be lawful to and for the said...
Página 165 - ... three months after the date of the Bill. Double or treble usance is double or treble the usual time, and half usance is half that time ; when it is necessary to divide a month upon an half usance, the division, notwithstanding the difference in the length of the month, contains fifteen days.

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