Part 41

Adulteration of a commodity, 260

Advantage, incidental, 218

Agency, 6; how created, 7; post-office agency of offerer of contract, 69, 70

Agent, when authority must be in writing, 7; cannot purchase principal's property, 8; power affected by usage or custom, 8; invalid act of, cannot be ratified, 9; ratifying a forgery, 9; cannot appoint a substitute, 10; liability of, 10; secret instructions to, 11; cannot act for both parties, 12; cannot receive profit from transaction, 12; must be faithful, 12; termination of relation of, 13, 14, 15; duties of affected by insanity of principal, 13; marriage of principal, 13; must keep principal informed, 14; liability of principal for acts and statements, 9, 10, 11, 12, 13, 14; auctioneer owners, 16; auctioneer purchaser's, 16, 1; length of term of, 17; for corporation, 26; bailor as, 28; broker as, 45; may make chattel mortgage, 53; how should sign checks, 58; authority of to receive stock subscriptions, 77; deception of releases subscriber, 77, 78; corporation can do wrong through, 98; can be appointed to examine books, 101; has insurable interest in goods, 126; state prosecutes through, 164

Agent, general, 6, 7, 8, 10; partner is a, 198

Agent, special, 6, 7, 18; insurance broker is a, 46

Agisters, 30

Alien, may become voluntary or involuntary bankrupt, 31; woman who marries American, 62; may be naturalized, 62, 63; rights of, 63; owes temporary and limited allegiance, 63; non-resident, 63, 64

Animals, vicious, a nuisance, 258

Annoyances, temporary, 256

Apologies for slander and libel, 255

Appeals, court of, 4

Apprentices, and Compensation Acts, 268

Arbitration, 45

Assault and battery, a wrong, 250

Assent, mutual, basis of sales and contracts to sell, 227

Assets, disposition of in partnership failure, 202

Assignment. See Bankruptcy: Patent

Associations, beneficial, 38; social and business, 38; voluntary, 39; incorporated, 39; articles and rules, 39; legal status, 39; members not partners, 39; liability to creditors, 39, 40; rights of members, 40; recovery of property by members, 41; exemption from taxation, 41; admission of members, 41, 42; initiation, 42; property rights of religions, 42; benefits to sick members, 42, 43; power to expel, 43, 44; expulsion in subordinate lodges, 44; restoration of members, 44; withdrawal of members, 44; liability of members for promised benefit, 44, 45; cannot confer judicial power on its officers, 45; cannot defer future controversies to arbitration, 45

Assumpsit, action of, 165

Attorney. See Power of Attorney

Auctioneer, 16; owner's agent, 16; purchaser's agent, 16, 17; must bind purchaser, 16; completes sale, 17; authority, how conferred, 17; a special agent, 18; authority of, 18, 19; has properties in goods to be sold, 45

Automobile, 19; rights of owner,19, 20; no superior rights, 20; non-resident driver, 20; license, 20; liability of bailor, 20, 21; responsibility of hirer, 21; sale of, by hirer, 21; obligation on hirer's part, 21; owner's redress of car misused, 21; duty of owner or hirer when carrying passengers, 22; compensation of owner, 22; liability for using without owner's consent, 22; liability of a corporation hirer, 22; liability for joy riding, 22; speed of, 22; exclusion of, 22; "the law of the road," 22, 23; rights of pedestrian, 22, 23; passing each other, 23; backing, 23, 24; meeting in street, 23; at intersecting streets, 24; obstructions in road, 24; driver must use care to avoid injury, 24, 25; competency of driver, 25; must be under reasonable control, 25; driving in a fog, 25; liability of owner, 25 See Chauffeur, Garage Keeper

Bacon, quoted, 45

Bailee, liability of a minor, 26; corporation as, 26; finder of lost property is, 26, 27; rights of creditor of, 28; liability of, 28, 29; must be informed of all faults, 28, 29; liability of bank as, 29; liability of a safe deposit company as, 29; usually a keeper only, 29; exceptions, 29, 30; return of property at end of bailment, 30; lien for services, 30; has insurable interest in goods, 126; garage keeper is a, 133

Bailment, 20, 26-30

Bailor, not responsible for negligence of hirer, 20; may bring action against innocent purchaser, 21; corporation as, 26; and bailee, 26; rights of, 28; not always owner of thing bailed, 28; must explain all faults, 28, 29

Bank, custodian of lost property, 27; liability as bailee, 29; not legally bound to pay check to holder, 58; agreement to pay check is with depositor, 58; responsible for payment of checks, 59; not responsible for checks carelessly written, 60; liability for forged checks, 60; is liable if makes payment on stopped check, 61; life of a national, 73; can retain dividend, 78; liability of national shareholders, 78, 79; directors of national, 87; directors of, 88, 91, 94; who loans money of, 88; president, 91, 92; national cannot always certify a check, 99