Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs

Anthony Jennings Bledsoe

A.J. Bledsoe, 1903 - 480 páginas

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PART I	25

Contracts against Public Policy	31

Agreement to Sell Real Property	37

Warranty of Title	43

Section 54Storage	49

Exemption from Liability in Certain Cases	55

Lien of Hotel Boardinghouse and Lodginghouse	59

When Rent Is Payable	65

Cases of Emergency	283

Physicians as Expert Witnesses	285

Privileged Communications Generally	286

County Physicians	287

Compensation of Dentists	288

Compensation of Oculists	289

Authority of Attorney	290

RIGHTS AND LIABILITIES OF PROFESSIONAL MEN TEACHERS IN THE PUBLIC SCHOOLS Section 584 Male and Female Teachers	291

When Servant May Be Discharged	71

How Agency Is Created	77

Agents Delegation of His Power	79

MANUFACTURERS AGENTS	86

Section 137In Whose Name Insurance May Be	92

When Contract Fulfilled and Commission Earned	96

What Is Sufficient Authority from Corporation	97

Section 154Ratification of Unauthorized Employment by Cor poration	98

Failure of Sale by Defective Title ΙΟΙ Section 157 Failure of Owner to Remove Defects ΙΟΙ	101

Ratifying Authority of Brokers ΙΟΙ Section 159 What Is Good Title	102

Sale by Owner through Another Agent	103

What Constitutes a Sale by Owner	104

Liability of Agent under Contract to Sell for Speci fied Amount	105

Agents Mistake as to Title	106

Repudiation of Contract by Vendor	107

What Constitutes Finding a Purchaser	108

Amount of Commissions	109

When Owner Must Return Money Paid on Contract	112

Power of Attorney to Agent to Make Deed	113

Agents Knowledge of Title	114

Commissions out of Purchase Money	115

Purchase by Agent from Principal	116

Authority of Agent Making Lease for Term Longer than One Year	117

FIRE INSURANCE CONTRACT PAGE Section 196 Contract between the Parties	118

Designation of Parties	119

Measure of Interest in Property	120

Insurance without Interest Illegal	121

The Policy of Insurance	123

Open and Valued Policies	124

Certain Warranties	125

Preliminary Proofs of Loss	126

Alteration Increasing Risk	127

Falsity of Material Representations by Insured	128

Statements as to Valuations	129

Right of Arbitration	130

Waiver of Condition as to Prepayment of Premium	131

Insurance of Unoccupied Building	132

Rules for Interpreting Contract of Insurance	133

Time When Policy Takes Effect	135

Contract of Reinsurance Effect of Prior Loss	136

Provision as to Bringing Suit	138

Liability of Heir for Premium	139

FIRE INSURANCE AGENTS Section 239 Appointment and Authority of Agents	140

Brokers or Agents	141

Agent Waiving Forfeiture	142

Authority of Local Agent	143

Oral Waiver of Indorsement by Local Agent	144

Section 247Fraud of Agent Disobedience of Instructions	145

Authority of Special Agent	146

Unauthorized Contract of Local Agent	147

BUILDING CONTRACTS Section 256 Contract Must Be in Writing	148

Time of Payments	149

Materials Furnished Contractor Exempt from Execu tion	150

Reference to Plans and Specifications in Contract	155

When Contract Wholly Void	156

Building Contract Where Price Does Not Exceed One Thousand Dollars	157

Notice to Owner	158

Agreement as to Extra Work	159

Contract Providing for Arbitration	160

Invalid Memorandum	161

Owner Not Liable for Damages on Unrecorded Contract	163

MECHANICS LIENS Section 284 The Persons Entitled to Liens	164

Advance Payments Do Not Affect Lien	165

What Interest in the Land Subject to the Lien	166

Effect of Mechanics Lien	167

Fee for Recording Owners Notice	168

Occupation or Use of Building Equivalent to Com pletion	169

When Suit Must Be Commenced to Foreclose Lien	170

Measure of Recovery by Contractor	171

Lien May Be Waived and Personal Action Brought	172

Conspiracy between Owner and Contractor	173

Allowance of Interest	174

When Contractor Not Entitled to Lien	175

Notice by Materialman to Trustees of State Insti tution	176

Time of Filing Claims of Subcontractors	177

No Lien against a Public Building	179

Elevator Part of Building	180

Dwellinghouse Land Subject to Lien	181

Section 333Real or Reputed Owner	182

Section 335Duty of Owner upon Receiving Notice of Material mans Claim	183

Materials Must Be Expressly Furnished for Structure Charged with Lien	184

Architects Lien	185

Section 344Architect Has No Lien against Monument in Public Park	186

Payments Made on Architects Certificate	187

Architects Plans Part of Contract	188

Liability of Architect for Negligence	189

Liability for Disclosing Intention of Owner	190

Preferred Claims for Wages and Salaries against Estates	191

VENDORS LIEN Section 358 Lien of Seller of Real Property	192

Lien of Seller of Personal Property	193

Defrauding Livery Stable Keepers	194

Lien for Pasturing Horses or Stock	195

Officers Lien	196

When Suit Must Be Commenced to Foreclose Lien	197

Undertaking an Attachment	198

Proceeds of Sale Distributed Pro Rata	199

Claim to be Filed	200

Attachment as Security	201

Breach of Warranty of Title	202

Breach of Warranty of Title to Personal Property	203

Damages for Breach of Other Contracts	204

PARTNERSHIP Section 398 What Constitutes a Partnership	205

Formation of Partnership	206

Possession of Partnership Property	207

Application of Partnership Property to Payment of Debts	208

What Is Partnership Property	209

Liability of Partners to Account	211

Renunciation of Partnership	212

Power of Majority of Partners	213

What Partner Cannot Do	214

Partner Engaging in Other Business	215

Doing Business under Fictitious Name	216

Certified_Statement of Special Partnership	217

Rights of Special Partners	218

Profits and Losses in Mining Partnership	219

Liability of Mining Partners	220

New Member of Mining Partnership	221

Duration of Partnership	222

Partial Dissolution of Partnership	223

Notice of Dissolution of Partnership	229

Section 434Winding up the Partnership Affairs	230

SURVEYS OF LAND Section 436 Public and Private Land Surveys	231

Government Survey Accepted and Approved Is Fixed and Unchangeable	232

Field Notes and Maps	233

Townships	235

Principal Meridians and Base Lines	236

Township Corners	237

Section Corners	238

Quarter Section Corners	239

Meander Corners	240

Government Lines and Corners Must Control	241

Section 455Proportionate Measurements	242

Instructions from the General Land Office	243

Manual of United States Surveying	245

Monuments Control Courses and Distances	246

DIVISION FENCES Section 462 Fences on the Line	247

General Fence Law	248

Alameda County Using Anothers Fence for En closure	249

Alameda County Onehalf the Value Must Be Paid	250

Alameda County Fences on the Line	251

Alameda County Height of Division Fences and Partition Walls in Cities and Towns	252

Section 475Amador County Lawful Division Fences	253

Amador County Duty of Owners	254

Amador County Trespasses by Animals	255

Calaveras County Fence Law Same as in Alameda	256

Colusa County Partition Fence	257

Colusa County Manner of Constructing Partition Fences	258

Contra Costa County Fence Law Same as in Amador	259

El Dorado County Trespass of Animals	260

Inyo County Fence Law Same as in Alameda	261

Mariposa County Fence Law Same as in Alameda	262

Modoc County Division Fences	263

Modoc County Construction of Division Fence	264

Monterey County Fence Law Same as in Alameda	265

Section 515Napa County Repair of Division Fences	266

Riverside County Fence Law Same as in Alameda	267

Section 526a San Luis Obispo County Fence Law Same as in Amador	268

San Mateo County Manner of Constructing Fences	269

Santa Barbara County Fence Law Same as in Amador	270

Sonoma County Posts Used for Fences	271

Sonoma County Land Bordering on Highway	272

Trinity County Trespasses by Animals	273

RIGHTS AND LIABILITIES OF PROFESSIONAL MEN PHYSICIANS AND SURGEONS Section 552 Duty of Physician and Surgeon	274

Liability for Injury to Patient	275

Section 555Failure to Use Proper Appliances	276

Section 557Liability for Abandoning Case	277

Liability for Negligence in Case of Gratuitous Service	278

Burden of Proof in Suit for Damages	279

Board of Medical Examiners	280

Evidence in Trials for Practicing without License	282

Section 587Election for Life	292

Contract with Teacher	294

Duty of Teachers	295

Duty to Teach Principles of Morality	296

Admission of Chinese Children	297

SEARCHERS OF RECORD Section 596 Abstracts of Title	298

Liability of Searchers of Record	299

Liability for Mistake	300

Omitting Judgment and Sale	301

Incorrect Report of Quantity of Land Conveyed	302

Bond of Notary	303

Liability of Sureties on Official Bond	304

Premature Protest of Promissory Note	305

Section 615Notary Cannot Amend Certificate	306

Notarys Knowledge of Party Acknowledging Instru ment	307

Party Introduced to Notary	308

Misappropriation of Moneys	309

CARRIERS OF FREIGHT Section 620 Freight and Freightage	310

Obligations of Carrier When Freight Not Delivered	311

Number of Bills of Lading	312

Carrier Exonerated by Delivery	313

Freight Carried Farther Than Agreed	314

General Liability of Common Carriers for Loss	315

Section 634Liability for Delay	316

LETTERS OF CREDIT Section 637 What Is a Letter of Credit	317

Letter of Credit May Be a Continuing Guaranty	318

BILLS OF EXCHANGE Section 645Nature of Bills of Exchange	319

Bill in Parts of a Set	320

Acceptance Must Be in Writing	321

When Acceptance May Be Canceled	322

Section 655Presentment for Payment	323

Foreign Bills	324

Damages Allowed on Dishonor of Bill of Exchange	325

ASSIGNMENT FOR BENEFIT OF CREDITORS Section 659Assignment by Insolvent Debtor	326

What Is Insolvency	328

Inventory to be Made by Debtor	329

Effect of Failure to Record Assignment	330

Property Exempt from Assignment	331

Creditor Holding Mortgage or Pledge	332

PART II	333

Open and Current Account	334

When Mutual Account Outlaws	335

Interest on Stated Account	336

Assignee May Sue in His Own Name	337

What Debtor May Set Off against Assigned Account	338

Ratification of Agents Acts	339

Suit in Justice Court on Bills and Accounts	340

Attachment of Debtors Property in Suit to Collect Account	341

Taking Goods for Creditors Claims	342

PART III	343

Note Made by Minor	344

Note Made to Minor	345

Note Made to Married Woman	346

Note Made to Corporation	349

Must Be for a Certain Specified Amount	350

Time of Payment	351

Place of Payment	352

How Must Be Signed by Maker	353

Name of Person to Whom Note Is Payable	354

Note Payable to Order of Maker	355

Joint Note	357

Form of Joint Note and Several Note	358

Legal Rate of Interest	359

When Outlawed Note Is Renewed	360

Indorsement of Negotiable Note	361

General Indorsement	362

Indorsement without Recourse	363

Rights of Indorsee in Due Course of Business	364

By Whom Note Must Be Presented for Payment	365

What Will Excuse Presentment for Payment	366

When a Note Is Dishonored	367

When Notice of Dishonor Must Be Given	368

Form of Notice of Dishonor	369

When Suit to Collect Note Can Be Brought	370

What Personal Property May Be Mortgaged	371

How Mortgage Is Executed and Acknowledged	372

Section 774Recording Mortgages	373

Mortgage Not Recorded Good between Parties	374

Form of Declaration of Homestead by Husband and Wife	375

Form of Declaration of Homestead by Wife	377

Value of Homestead	378

Form of Real Estate Mortgage	379

Rules Which Apply to Chattel Mortgages	381

Deed as Security and Agreement to Deed Back	383

Lawful Interest	384

Interest on Judgment	385

In What Court Suit Must Be Brought to Foreclose Mortgage	386

Costs of Foreclosure	387

Assignment of Certificate of Sale	388

The Sheriffs Deed	389

Deficiency Judgment	390

Who Must Pay for Improvements Made during Fore closure Proceedings	391

Excuse for Not Presenting Claim in Time	392

Foreclosure of Mortgage Payable in Instalments	393

Liability of Partners on Partnership Note	394

PART IV	395

What Property Can Be Attached	396

Mortgaged Property May Be Attached	400

Creditor Attaching Personal Property Must Pay 401 Section 828 Garnishment	401

Money Due as Salary to Public Officer	402

Attachment of Partnership Property	403

JUDGMENTS AND EXECUTIONS PAGE Section 835 Judgments	404

Judgment Lien on Property in Another County	405

Exemption Must Be Claimed by Debtor	406

PART V	407

Who May Make a Will	408

Kinds of Wills	409

Form of Olographic Will 4II Section 851 Will Attested by Witnesses	411

Gifts to Subscribing Witnesses	412

Section 855Share of Child Born after the Will	413

Children of Devisee	414

PART	416

Form of Notice	417

Form of Notice to the Constable	418

Sale by Constable	419

PART VII	420

Who May Form a Corporation	421

Number of Signers	423

Filing of Articles of Incorporation	424

Limit of Corporate Existence	425

Amendment of Articles of Incorporation	426

Change of Place of Business	427

Capital Stock	428

Subscription for Stock	429

Transfer of Stock Held by NonResident	430

Void Certificates	431

When Corporation Can Not Claim Its Own Stock Invalid	432

Seal of Corporation	433

Corporation Must Keep within Object of Its Creation	434

When Corporation Bound by Its Own Invalid Act	435

Notice to Corporation	436

Section 911Assignment of Accounts	437

What Is a Corporation De Facto	438

Denial That a Corporation Exists	439

Motives of Stockholder in Making Examination of Books	440

Remedy of Stockholder when Inspection of Books Is Refused 44I Section 920 Liability of Stockholder for Corporation Debts	441

Liability of Member Where There Is No Capital Stock	442

When Liability Not Released by Subsequent Transfer	443

Stockholder May Sue Other Štockholders	444

When Liability of Stockholder Is Satisfied	445

Holding Property in Other Counties	446

Increase of Capital Stock	447

Certificate of Increase or Decrease of Capital Stock	448

Paper in Which Notices Must Be Published	449

Order Levying Assessment	450

Form of Notice of Assessment 45I Section 943 How Assessment May Be Enforced 45I Section 944 Notice of Sale	451

Form of Notice of Sale	452

Who Are Liable on Assessments	453

Purchase of Delinquent Stock by the Corporation	454

Suit to Recover Amount of Assessment	455

Section 952ByLaws of Corporation	456

Amendment of ByLaws	457

Section 957Repealing Old and Adopting New ByLaws	458

Qualification of Directors	459

Who May Vote at Election of Directors	460

Who May Vote Pledged Stock	461

Who May Vote Stock Belonging to Minor	462

Organization of Board of Directors	463

Regular and Special Meetings	465

Services of Director Outside of His Duties as Such 467	467

Authority of President	468

Dividends	469

Removal of Directors from Office	470

Dissolution of Corporation	471

False Reports	472

95	473

Laws Applying to Particular Corporations	474

c Reserve Fund	475

Transfer of Stock in Mining Corporations	480

Direitos de autor

Outras edições - Ver tudo

Business Law for Business Men: A Reference Book Showing the Laws of ...
Anthony Jennings Bledsoe
Visualização integral - 1903

Palavras e frases frequentes

agreed agreement Alameda County Amador County amount apply Architect auctioneer authority to sell binding Board broker building contract California Reports certificate Civil Code Civil Procedure claim of lien Code of Civil Colusa County commission merchant consignor contract of insurance contract price contractor corporation County Recorder Court of California creditor damages debt Decided decision is printed deliver deposit Directors dollars duty entitled erty fact filed for record fire insurance indorsed insurance company intention interest judgment labor land law of California liable manufactured materials furnished mechanic's lien ment mining claim mortgage owner paid parties partner partnership payable payment perform person premium principal printed in volume promissory note proof of loss purchaser real estate agent reasonable received recover Section specifications statute stockholders suit Supreme Court tion tract transaction valid vendor void waived warranty writing

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Informação bibliográfica

Título	Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs
Autor	Anthony Jennings Bledsoe
Edição	2
Editora	A.J. Bledsoe, 1903
Original de	Universidade da Califórnia
Digitalizado	24 Out 2007
Número de páginas	480 páginas

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