How bound, though he accepts a bill without consideration,. 21 13.-Acceptance for Honor,... How made,.. 8.-Presentment of a Bill for Acceptance,. PAGE 18 18 Bills payable at sight, or after sight, or after demand, how must be presented and when,... 9.-Presentment for Acceptance, by whom, where, and to whom made, 18 10.-Of Acceptance, verbal, special, conditional, or implied,. 11.-Non-Acceptance, when notice is necessary,. 12.-Liability of Acceptor,.. How bound, though he accepts a forged bill,. How bound, though he accepts a bill with a larger amount than that fixed by the real drawer,. 20 21 21 21 21 14.-Of Indorsements,. How indorser may relieve himself from liability,. Where there are three or more indorsers, and the note is paid by one, how the others are affected,. 15.-Presentment for Payment,..... When should be presented, if no place is mentioned on the note, when the note is dated in one state, and the maker resides in another,. What constitutes a Demand,. Demand and Notice,.. 16. What will excuse non-presentment,. 25 How indorser may waive his right of presentment and notice,.. 26 17.-Presentment for Payment of Note on demand,. When should be presented in order to hold indorsers,. 18.-Payment of Bill or Note,. To whom Payment should be made, and how,.. 19.-Days of Grace,.. What constitutes-on what notes and bills-at what hours must payment of note be demanded,. 20.-Notice to indorsers,. How and to whom notice should be given, and when,... 21.-When want of Notice is Excused,.. 22.-Form of Notice, how should be written,.. 23.-Protest, when Necessary,. Forms of Notice,.... 24. Loss of Bill, or Note,... How Payment can be enforced against the acceptor,. 25. Alteration of Bill or Note, Forgery,.. 26.-Liabilities of Banks as Agents,. Liabilities of Holders of Checks,.. 32 33 34 35 35 36 36 When Check should be presented for Payment- Form of Check, 36 Damages on Protested Bills of Exchange, 37 In Maine New Hampshire, Vermont, Massachusetts, Connecticut,. 37 Usury:- General Principles of, - cases cited,... LAW OF CONTRACTS. 1.-Definition of a Contract,. Who are capable of entering into Contracts,. 2.-Of Simple Contracts, 3. Of Written Contracts,. When Contract is not binding unless written,. 44 46 47 4.-Verbal Contracts... 49 5.-Express Contracts, 50 CONTENTS. 6.-Implied Contracts,. When silence may be construed into an agreement,. 7.-Sale and Conveyance of Estates,. 8.-Purchase, Sale, and Delivery of Goods,. 9.-Warranty of Goods,. 10.-Sale of Horses,. ..... 11.-Hiring and Borrowing, 12.-Bill of Sale, if Goods are retained, is Evidence of Fraud,. 13. Avoidance of Contract.... Obtaining Goods by False Pretences,. 14.-Precautions to be observed in entering into Contracts,. Payment, When can be Demanded, Interest, When it can be Claimed, PAGE 51 51 53 53 56 57 58 58 59 60 60 61 61 63 63 64 64 64 Manner of Computing Interest on Notes where Partial Payments have been made,. Limitation of Actions, 1.-Times within which Debts can be Collected, 65 6. When Actions can be brought on Sealed Contracts, &c. &c. 65 7.-Notes and Bills of Exchange, when Statute begins to operate, 65 Trustee Process -- Garnishee Process, Who Liable to be Summoned as Trustee, and what Property is, MODES OF COLLECTING DEBTS IN The different States, (compiled from the Statutes.) by attachment and arrest,-How a Resident in one State can collect a Debt owing him Maine, in another; how and when Real Estate, taken on execu- exempted by law from Attachment, &c. New Hampshire,. Vermont, Massachusetts, Virginia, North Carolina, South Carolina, Georgia, Alabama,. $5 Florida, 98 Recovery of Debts in Great Britain and France,. Defence of the Debtor,.. ........101 ..102 Off-Set or Set-off,. COMMERCIAL AND DOMESTIC LAWS. Affidavits, Affidavit of a Demand against a Non-Resident Debtor,. Affidavit for Goods Sold and Delivered by a Clerk,. FAGE ..103 103 .104 104 ..104 104 ..104 ...105 105 .106 .106 ..108 ..109 ..108 ...108 .109 How one Demand can be made to off-set another,. When must Demand have existed to allow of its being set-off,.....109 What effect assignment of demand has against a set-off,... ..109 Tender,.... What course should defendant pursue when he has a claim against the party suing him,. Maker of a Note can avail himself of off-sets against the promisee, 109 How is defendant entitled to a set-off,.. .109 ..109 109 .109 What share in the business the shareholder has as a general Partner, 112 Liability of Partners for money borrowed, to be used, or not, for the firm,. .112 Limited (or Special) Partnership,. How Partnership can be dissolved, and what Notice is necessary,..112 .112 ..113 ...113 in Wife's Real Estate,. 66 .113 Directions for Forming, Liabilities and Benefits of,. How Capital shall be contributed by Special Partner,. Liability of Special Partner if Certificate contains a false statement, 113 Letters of Credit; Forms of,.. Husband and Wife; Husband's Interest in Wife's Personal Estate,. 114 ..114 114 ....114 .115 Liability for Wife's Debts before Marriage, ...115 ...115 Dower of the Wife in Husband's Real Estate,... How Wife's Right to Dower may be Barred,. The Separate Rights of Property of Married Women, As Altered by late Legislatures in various States,.. Compensation of Attorneys at Law,... .115 ...116 ...116 ....117 ........119 PART I. LAWS OF LEGALITY OF BOOK ACCOUNTS. In most of the States the original entries in shop books, are competent evidence, with the oath of the party, to prove the items charged.* In some states the oath of the clerk who made the entry, is also required. If the books, on being submitted to the inspection of the court, do not appear to contain the first entries, or charges, made at or near the time of the transactions to be proved, and to have been honestly and fairly kept, without erasures, or interlineations, they are excluded. Where entries were first made on a slate, or cart, and immediately afterwards transferred into a book, kept in the leger form, such book has been admitted as competent evidence to prove the charges; though regard must be had to the education of the party, and the nature of his employment. An account, purporting to be drawn out by the party himself from his original and daily minutes, is not admissible in evidence, though the book containing such statement should be accidentally destroyed; unless it could be proved that the items of the amount drawn out had actually existed in the party's books. If the party is dead, the books may be offered by the executor or administrator, he making oath that they came to his hands as the genuine and only books of account of the deceased; with proof of the party's handwriting. If the clerk who made the entries is dead or insane, the book is admissible upon proving his handwriting. *The following States admit both entry and oath: Maine; Massachusetts, (Cash charge of $6.66 is allowed); Connecticut; New Hampshire; Illinois; Pennsylvania; South Carolina; North Carolina, (where demand does not exceed $60); Delaware; Maryland, (where demand does not exceed $26.66); Tennessee: Ohio, (if not more than 18 months' standing); Rhode Island; Vermont; Wisconsin. Evidence of the original entry, and proof of delivery of goods is only required in New York, New Jersey, Georgia, &c. [See pages 63, 70-101.] When the day-book contains marks which show that the items have been transferred to a leger, the leger must be produced. SETTLEMENT OF ACCOUNTS.-It is usual to prefix the initials E. & O. E. (for errors and omissions excepted) to the signature to accounts; but the omission of those letters forms no bar to the subsequent correction of errors. The settlement and discharge of an account is no bar to a claim for any other demand, not included in the settled account. It may be impeached by proof of unfairness, mistake, or fraud. LEGALITY OF RECEIPTS. A RECEIPT is not conclusive evidence against the party signing, but, like all other cases of presumption, is liable to be rebutted. When a receipt is given for money paid on a bond, or contract, the indorsement should be made on the same, and the receipt given up, or cancelled. A receipt in "full of all demands" is conclusive evidence, when given under a knowledge of all the circumstances between the parties; but is not so, when given without such knowledge; and may be avoided by the party signing it, showing a mistake, or error therein, or that it was given under misrepresentation. FORMS OF RECEIPTS. New York, Jan. 1, 1851. Received of Messrs. JOHNSON & WARD five hundred dollars, on account. $500. JOHN S. WILLIAMS. New Bedford, Jan. 1, 1851. Received of HORACE WHEELER, by the hands of JOHN HOBBS, twenty-five dollars, for books sold and delivered to said HOBBS. THOMAS S. WALES. New York, Jan. 1, 1851. Received of PETER LAURIE, one hundred dollars, being one quarter's rent due this day, for my dwelling house, No. 12 State Street. $100. ABRAHAM HEWS. Philadelphia, Jan. 1, 1851. Received of JAMES WARREN three hundred dollars in full of account to date. $300. JAMES MADISON. Baltimore, Jan. 1, 1851. Received of JOHN BARNES two hundred dollars, in full for balance on account. $200. JOHN LINCOLN. |