American Law and Procedure ...

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James Parker Hall, James De Witt Andrews
La Salle Extension University, 1911

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What a consideration
59
Virtual acceptance
67
CHAPTER IV
74
Indorsement is not binding unless instrument is delivered
80
Against whom and amount of
91
strument
94
Further illustration
98
107 Actual notice
100
112 What constitutes value
106
117 Purchaser with notice from holder in due course
112
Contracts of Parties to Instruments
115
Indorsement before inception
121
134 Forged indorsements
127
CHAPTER VII
133
145 When delay in making presentment is excused
136
When no place specified
137
148 Hour of presentment
138
149 Hours of presentment at bank
140
151 To whom presentment must be made
141
152 Presentment is demand of payment accompanied by exhibi tion of instrument
142
154 Dishonor by nonacceptance
143
156 Form of notice
144
158 Indication of dishonor
145
159 By whom notice may be given
146
160 Effect of notice
147
161 Notice by agent
148
163 Successive notices
150
165 Where notice must be sent
151
Illustrations
152
167 When notice dispensed with or delay excused
153
SECTION 4
155
CHAPTER VIII
157
To hold drawer
158
To hold indorsers
159
CHAPTER IX
160
177 Payment must be at or after maturity
161
Illustrations
162
180 Cancellation and alteration
163
181 Discharge of indorsers
164
GUARANTY AND SURETYSHIP CHAPTER I
165
Capacity of parties
166
Guaranty a collateral undertaking
167
Statute of frauds
168
Contract of guaranty must be in writing
169
When is a debt within the statute of frauds
170
Necessity of principal debtor and promise to creditor
171
Strict suretyship
172
Common forms of suretyship
173
Consideration
174
Delivery of contract of suretyship
175
Alteration of instrument
177
Negotiable notes
178
Estoppel of surety signing instrument
179
Effect of judgment on surety
180
CHAPTER II
181
Payment of debt discharges surety
182
Fraud and duress by creditor in securing contract
183
Creditor not bound to press his claim against principal debtor
184
Effect of acts of creditor due to fraud or judicial error
185
Discharge of surety by affirmative act of creditor
186
Extending time of payment
187
When surety relation is created by agreement among obligors
188
Creditor taking forged or illegal note
189
Principals setoff or counter claim against creditor as a defence to surety
190
Surrender of securities by creditor
191
Reasonable conduct of creditor
192
Taking property by attachment and execution
193
Tender of payment by principal debtor discharges surety
194
Failure of creditor to apply money in his control to debt
195
Notice to guarantor of default of principal
196
Notice to guarantor of acceptance of guaranty
197
Alteration of principals contract
198
By agreement between creditor and principal
199
Nonclosure of facts creditor should reveal to surety
200
Creditor not bound to discover facts
201
Information requested by surety
202
Negligence in not discovering dishonesty Collateral mis conduct
203
Same continued
205
Dealings or relations between creditor and cosurety
206
Release of cosurety with reservation of rights against the others
207
Effect of discharge of cosurety in bankruptcy
208
Assurance or promise of creditor that he will look to principal only
209
Creditor informing surety that debt is paid
210
Death of surety
211
Joint obligations
212
Insurable Interest 9 In general
260
Fire insurance
261
Same continued
262
Legal obligation between parties
263
Relation of blood or marriage
264
SECTION 4
265
Assignment to mortgagee
266
Consent of insurer to assignment
267
Beneficiaries
268
Beneficiaries
269
Controverted case
270
CHAPTER II
271
Fire and life insurance in general
272
Qualification of ordinary rule
273
Existence of peculiar facts
274
Answers of insured must be substantially true
275
Good faith not enough
276
29 Incomplete answers
277
Statements of opinion
278
Materiality of representations
279
SECTION 2
280
Express language of policy
281
SECTION 3
282
Illustrations of language held not a warranty
289
CHAPTER III
299
Increase of risk by tenants
306
Change of interest title or possession
308
Change of title
309
Change of interest
310
Manufacturing establishments
312
Stocks of merchandise
313
Vacancy and unoccupancy
314
Permanence of condition
315
Single buildings or series of buildings
317
Illegality
318
Conditions Applicable After Loss 91 Language of policy
319
Immediate notice of loss
320
Certificate of loss
321
SECTION 4
322
Incontestable clause
323
CHAPTER IV
324
Provisions of policies
325
Such provisions largely ineffective
326
Same continued
327
Only known causes of forfeiture are waived
328
What amounts to a waiver
330
Must the insured be prejudiced
331
CHAPTER V
338
115 Fires set by third persons
344
122 Suicide by insane persons
350
126 External
352
127 Violent
353
128 Accidental means
354
130 Accident followed by disease
356
131 Disease followed by accident
357
133 Total disability
358
CHAPTER VI
360
137 Partial loss
361
Staple articles
362
Realty
363
Nonstaple articles
364
144 Partial loss
366
146 Limited interests not definitely measurable
368
Liens
369
Vendor and vendee
370
149 Coinsurance
371
150 Subrogation to tort rights
372
Independent of order of procedure
373
152 Subrogation against carriers
375
153 Subrogation to contract rights
377
Practical considerations
379
SECTION 3
381
156 Doctrine of subrogation inapplicable
382
CHAPTER I
383
10
389
258
393
16
395
32
400
CHAPTER II
403
The creation of national banks
407
42
417
Appendix A Negotiable Instruments
427
Appendix B Guaranty and Suretyship
435
Banks Banking and Trust Companies
443
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