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INDEX.

PAGE

AGENCY.

Public Agents not responsible for contracts entered into in be-
half of the government,

Although under seal,

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Agency determined by the death of principal, unless connected
with an interest in the subject matter of the agency,
Banks, acting as agents for the collection of commercial paper,
responsible as individuals,

Conflict of decision, as to whether this responsibility extends to
negligence of a notary employed by them,

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How far they will be protected by ignorance of the law,
Public Agents, when responsible for money improperly col-
lected, which has been paid over to the government,
Rights and liabilities of factors upon general or special consign-
ments,

5

6

7 to 13

15 to 21

24
28

29 to 45

45 to 56

A consignee of goods is not, by the receipt of the consignment
alone, rendered liable to an action by the assignee of the
principal,

56 to 66

ASSIGNMENTS.

Effect of voluntary assignment by debtor living abroad, of pro-
perty situate here, as against a subsequent attachment of
the same under our laws,

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The requisition in the charter or by-laws of a corporation, re-
quiring the transfer of stock to be entered on its books, is
designed for the benefit of the company, and creditors of
the holder, and do not exclude equitable assignments, as
against all persons having notice thereof,

General assignment for benefit of creditors valid,

Not if effected by fraud or illegality,

Conflict of authority as to validity of a stipulation requiring a

416, 417

414

390 to 400

ib.

release,

409

Weight of authority does not require any express assent of

creditors to,

417

PAGE

BANKRUPT AND INSOLVENT LAWS.

An assignment under the bankrupt law of a foreign country
does not operate as a legal transfer of the property, situate
here,

72, 417, 466

A State may pass bankrupt laws to operate between its own
citizens, and upon contracts subsequently made, in the
absence of any legislation by Congress,

Distinction between bankrupt and insolvent laws,

BILLS OF EXCHANGE AND PROMISSORY NOTES.

Action of debt lies against the acceptor of a bill by the payee,
Whether by endorsee, .

When the holder of one set of a bill of exchange may maintain

463, 474
454

348

350

an action upon it, without producing the rest, or account-
ing for non-production,

principal debtor,

Doctrine as to release of the endorser by indulgence given to

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Bills of exchange, drawn between the several States, considered
foreign,

Pre-existing debt constitutes a valuable consideration on the

transfer of a bill or note before maturity,

Doctrine in New York,

358

.341 to 348

219

224

233

Promise to accept a non-existing bill of exchange, when suffi-
ciently explicit, will sustain an action as on an accepted
bill,

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General promise may support an action for any damage result-
ing from breach of contract,
Inclination of the courts is against the doctrine of a virtual
acceptance,.

Presentment of a bill or note, at the place where payable, not
necessary to charge maker or acceptor,

242 to 250

249

ib.

251

Protest not required of inland bill or promissory note,
Advantage of the practice in furnishing evidence in the event

274

of death of notary,

277

Presentment of bill to drawee must be stated expressly in pro-
test of foreign bill,..

282

Diligence required of holder, as to the place, time, and mode of

giving notice to endorser of dishonor,

Cases in which notice of dishonor is not required,
Endorser, who has been discharged by laches of holder, not
bound by subsequent promise to pay, unless made with full
knowledge of facts,

CONTRACTS.

Meaning of that clause in the constitution which prohibits the
States from passing any law to impair the obligation of,
An insolvent law, passed subsequently to contract, and protect-
ing the future acquisitions of the debtor, is embraced by it,
The object of the framers of the constitution was to establish

297 to 319

. 336 to 341

360

456

b.

as a great principle the inviolability of contracts, and not
simply to prohibit any prevailing vice of legislation,
Distinction between laws impairing the obligation of a contract,

and those affecting the remedies for its enforcement,
Laws, usually denominated stay laws, are of the former class,
Opinion of Mr. Justice McLean on this point,
Illegal, will not be enforced in courts of justice,
Distinction, when the consideration is connected with the illegal
transaction, but not founded upon it,

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These principles applicable as well to States as to individuals,
Contracts prohibited by statute are void, whether expressly so
declared or not,

CORPORATIONS.

May contract without seal,

May contract beyond the limits of the sovereignty creating them,

EVIDENCE.

Conflict of authority as to the admissibility of a party to a nego-
tiable instrument, to impeach it in the hands of a subsequent
bona fide holder,

General rule as to the admissibility of parol evidence to explain
a written instrument,

GUARANTEE.

,388

Conflict of authority, as to whether notice is required of the

acceptance of a prospective guarantee,

Or as to notice of default,

PAGE

462

479

480

491

435, 445

436 to 440

444

442

133

137

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Examination of the various classes of contracts, included under, 418 to 430
Rule in the several States as to the necessity of expressing the
consideration as well as the promise in writing,

430

FRAUD.

What concealment of material facts on a contract of sale will

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General rule is that an absolute sale of personal property, not
accompanied by transfer of possession, is fraudulent as to
creditors,

Aliter, if the possession is incapable of delivery, or not required

by the deed,

386

389, 408

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PARTNERSHIP.

Conflicting authority as to the validity of a general assignment
by one partner of partnership effects, to trustees, for bene-
fit of creditors,

Acknowledgment of a debt by one partner after dissolution,
Responsibilities of a dormant partner,

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How a partnership may be continued after death by one partner,
and extent of the liability of his estate,
Rights of a partner over partnership property,

PAYMENT.

Payment in forged notes to the bank, whence they purport to
have been issued, if made bona fide, is good,

Application of this rule to forged checks,

SALE.

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263:

Distinction between absolute and conditional sales, accompanied
with warrantee, as to the right to return the article bought
to vendor, on its proving unsound,

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Of banks, when they form part of the contract,

PAGE

67 to 79

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79 to 89

89 to 115

116
125

371 to 384

383

365, 369

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Effect of, in controlling the general rule, as to time of demand-
ing payment of note or bill,

16 to 21

264 to 274

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Conflict of authority on the question, whether an endorsee,
whose purchase is usurious, can maintain an action upon
a note good between the parties,

164 to 175

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