A Treatise on the Law of Principal and Agent: Chiefly with Reference to Mercantile TransactionsBanks, Gould & Company, 1847 - 685 pages |
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Page xiii
... PERSONS ARISING FROM THE ACTS OF THEIR AGENTS . PART I. OF THE AUTHORITY OF AGENTS . 1. Express Authority by Writing , Deed , & c . Parol . 2. Implied Authority , doctrine and consequences of Section . 3. Of the Execution of the Authority ,
... PERSONS ARISING FROM THE ACTS OF THEIR AGENTS . PART I. OF THE AUTHORITY OF AGENTS . 1. Express Authority by Writing , Deed , & c . Parol . 2. Implied Authority , doctrine and consequences of Section . 3. Of the Execution of the Authority ,
Page xliv
... express terms of the power , or by implication . The terms agent and attorney are frequently used synonymously : ( Pratt v . Putnam , 13 Mass . R. 363. ) Thus we constantly speak of a letter , or power of at- torney , as the formal ...
... express terms of the power , or by implication . The terms agent and attorney are frequently used synonymously : ( Pratt v . Putnam , 13 Mass . R. 363. ) Thus we constantly speak of a letter , or power of at- torney , as the formal ...
Page xlv
... express dissent of her husband , " as such agency may involve duties and services inconsistent with those which appertain to her peculiar relations to her husband and family . " Story's Ag . § 7. By the Civil Code of Louisiana , " a ...
... express dissent of her husband , " as such agency may involve duties and services inconsistent with those which appertain to her peculiar relations to her husband and family . " Story's Ag . § 7. By the Civil Code of Louisiana , " a ...
Page li
... express limitation was in view , at the time , it is reasonable to expect that it would have been explicitly given . What was the state of the market was unknown . If unfavorable , it must have occurred to the plaintiffs , how are the ...
... express limitation was in view , at the time , it is reasonable to expect that it would have been explicitly given . What was the state of the market was unknown . If unfavorable , it must have occurred to the plaintiffs , how are the ...
Page 18
... express or implied directions to that ef- fect from his principal , to insure the goods for the benefit of such principal . And there is no evidence in this case of any usage of trade , from which the duty of the defendants to insure ...
... express or implied directions to that ef- fect from his principal , to insure the goods for the benefit of such principal . And there is no evidence in this case of any usage of trade , from which the duty of the defendants to insure ...
Common terms and phrases
action agency agent agreement amount appears appointed assignees assumpsit attorney authority Bank banker bankrupt bankruptcy bill of exchange bill of lading bind bound broker Campb cestui que trust charge circumstances cited claim commission common law consigned consignee consignor contract corporation court court of equity Cowen creditors debt deed defendant delivered doctrine duty East employed employer endorsement entitled equity evidence executed executor fact factor fraud given held illegal implied interest Johns judgment jury Kent's Comm latter liable lien Lord Eldon Lord Ellenborough Lord Mansfield master ment merchant notice opinion owner paid Paige partner partnership party payment plaintiff pledge possession power of attorney principal purchase purpose question received recover rule says seal sell servant ship sold statute statute of frauds Story's Taunt third person tion transaction usage vessel Wend
Popular passages
Page 82 - That if any bankrupt, at the time he becomes bankrupt, shall, by the consent and permission of the true owner thereof, have in his possession, order, or disposition, any goods or chattels whereof he was reputed owner...
Page 410 - Document of title to goods" includes any bill of lading, dock warrant, warehouse receipt or order for the delivery of goods, or any other document used in the ordinary course of business...
Page 185 - We hold it to be clear, that the interest which can protect a power after the death of a person who creates it, must be an interest in the thing itself. In other words, the power must be engrafted on an estate in the thing. The words themselves should seem to import this meaning. 'A power coupled with an interest,' is a power which accompanies, or is connected with, an interest.
Page 296 - These are perils which the servant is as likely to know, and against which he can as effectually guard, as the master. They are perils incident to the service, and which can be as distinctly foreseen and provided for in the rate of compensation as any others.
Page 160 - No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.
Page 99 - E respectively, every such offender shall be guilty of a misdemeanor; and, being convicted thereof, shall be liable, at the discretion of the Court, to be transported beyond the seas for any term not exceeding fourteen years, nor less than seven years, or to suffer such other punishment by fine or imprisonment, or by both, as the Court shall award...
Page 160 - Every contract for the sale of any goods, chattels or things in action, for the price of fifty dollars or more, shall be void, unless, 1. A note or memorandum of such contract, be made in writing and be subscribed by the parties to be charged thereby : or, — 2.
Page 376 - It does not deny, that it is binding on those, whom, on the face of it, it purports to bind ; but shows, that it also binds another, by reason, that the act of the agent, in signing the agreement, in pursuance of his authority, is, in law, the act of the...
Page 160 - In the following cases every agreement shall be void, unless such agreement, or some note or memorandum thereof, be in writing, and subscribed by the party to be charged therewith : First. Every agreement that, by its terms is not to be performed within one year from the making thereof.
Page 296 - The master, in the case supposed, is not exempt from liability, because the servant has better means of providing for his safety, when he is employed in immediate connection with those from whose negligence he might suffer ; but because the implied contract of the master does not extend to indemnify the servant against the negligence of any one but himself...