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APPROPRIATION OF GOODS-continued.

effect of the form of the bill of lading, 151, 153.

stoppage in transitu, effect of, 517, 521.

invoice is evidence of intention to appropriate goods, 153.

of proceeds of a particular consignment to meet certain bills,
292, 293, 294.

"APPROVAL,"

sale on, 149, 209, 218, 540, 543. See also SAMPLE.

"ARRIVAL, ON,"

meaning of, 251. See CONDITIONS PRECEDENT.

"ARRIVE, TO,"

meaning of, 253, 254. See CONDITIONS PRECEDENT.

ARTICLES, PERISHABLE,

resale of, 504.

"AS SOON AS POSSIBLE,"
meaning of, 247.

ASSENT,

by buyer to appropriation by seller, 136, 137, 140.
implied by keeping the goods, 543.

by keeping the broker's note, 90, 109, 111, 114, 115.

induced by fraud, 174.

where the parties were not ad idem, 175.

of warehouseman or carrier to hold as bailee of the buyer. See
CAPACITY, FORMALITIES, WAREHOUSEMAN.

ASSIGN,

whether a mere covenant to, is effectual to pass any interest,
145, 270.

ASSIGNEE OF BILL OF LADING,

may acquire greater rights than his assignor had, 418.

where he has notice of other bills of lading, 441.

is unaffected by equities between seller and buyer, 443.

ASSIGNMENT,

equitable, 291, 316.

subject to equities, 295, 323, 330.

of bill of lading, 418, 421, 422, 423, 431.

by a mere holder or thief, 424.

where there is no document of title, 418.

of after-acquired property, 145, 270, 292.

of a debt, 291.

notice of, to debtor or holder of securities, 295.

AUCTION,

sales by, are within s. 4 of the Sale of Goods Act, 3.
conditions of sale must be referred to, 48.

AUCTIONEER,

is an agent authorized to sign a memorandum so as to bind both
parties, 78, 79, 80.

but not to make a contract, 78.

is not authorized by the buyer to sign any contract, except
that contained in the conditions of sale, 78, 79.

a buyer cannot vary such a contract when signed by proof of
agreements entered into by word of mouth at the time of the
auction, 79.

an auctioneer's clerk is not an agent to sign, 80. .

AUTHORITY,

to appropriate goods to the contract, 137.

confers no right of property, 420.

apparent, to dispose of goods, 474, 496.

absolute, to take possession, 371, 411, 412.
conditional, to take possession, 375, 412.

to deliver possession, 372, 375, 412.

when acted upon, 371.

when revocable, 369, 371.

coupled with an interest, 369.

to receive, conferred by the indorsement of a bill of lading, 421.

See DOCK WARRANTS.

POSSESSION.

DELIVERY ORDERS. BILL OF LADING.

B.

BAILEE OF GOODS.

on trusts, holds them strictly on the trusts, 293.

notice to, of the assignment, 295.

his privity of contract with the bailor is not transferred by a sale

of the goods by the owner, 295, 362, 422.

when he assents to hold the goods for the buyer, it is an
executed delivery for all purposes, 26. See CAPACITY.

may make himself liable to both parties, 151, 152.

effect of his wrongful refusal to assent to a transfer, or to deliver,
151, 152, 339, 373, 406, 407, 420.

See CONSTRUCTIVE POSSESSION, POSSESSION,

BAILMENT,

and sale, difference between, 173.

BANKER'S DRAFT,

effect of buyer not giving a, 161, 492.

See CONDITIONS PRECEDENT, 213.

WAREHOUSEMAN.

BANK NOTE,

purchase of, 179.

BANKRUPTCY,

positions of trustee in, purchaser for value and execution creditor
contrasted, 497, n.

where bills are in the hands of third parties, and both drawer
and acceptor are bankrupt, 296, 330.

BARGAIN AND SALE. See SALE.

BARTER,

definition of, Introduction, ix.

case of, 172.

“BELIEVED" TO BE A CERTAIN QUANTITY,

meaning of, 238.

BILL OF EXCHANGE,

acceptance of, not always a condition precedent to the passing
of the property, 158, 165.

drawn against certain consignments, 292. See also EQUITABLE
INTERESTS AND ASSIGNMENTS.

is prima facie a conditional payment only, 355.

drawn for too large an amount, 216.

but may be an absolute discharge of the debt, 356.

where seller is paid by bill, and is not liable on the bill, he is

paid in every sense of the word, 359.

where he is paid by acceptance of third person, 360.

BILL OF LADING,

what it is, 421.

differing from quantity actually shipped, 237.

tender of two of a set of three bills of lading, 262.
assignment of, 417, 431.

was not formerly an assignment of the contract, 422.
assignee of, is now a party to the contract, 422.

Bills of Lading Act of, 422, 581.

it operates as an assignment of the goods, 422-432.

it operates as a delivery of the goods themselves in the same

circumstances, 424-429.

distinguished from an assignment of an interest in the goods,
418, 423, 433, 435.

consideration for the assignment, a pre-existing debt, 438.

effect of reindorsement, 422, n.

must be bona fide, 441.

assignee not affected by equities of which he had no notice, 422.

BILL OF LADING-continued.

pledge of, 418, 438, 443.

drawn in three parts, rights of successive pledgees, 443.

effect of indorsement of, on the right to stop in transitu, 418, 430.
effect of retention of, by buyer, 161.

keeping possession of, for a long time is evidence of acceptance
under the Statute of Frauds and s. 4 of the Sale of Goods
Act, 38.

in blank, 158.

Lickbarrow v. Mason, case of, 426.

unstamped, 169, 358.

a holder who has no interest in the goods cannot confer any by
indorsing, 424, 431, 435.

buyer by assigning, may give a greater right than he possesses,
to the extent of destroying the seller's right to stop in transitu,
425, 431.

where consignors take bill of lading deliverable to their own
order, they do not intend to pass property to the consignees,
152, et seq., 163.

BILLS OF LADING ACT OF 1855, 422, Appendix, p. 581.

BILL OF SALE,

memorandum of the terms on which a wharfinger's warrant was
pledged does not require to be registered as a, 458, n.
Registration under the Act, object of, 497, n.

BONA FIDE,

sale not, Twyne's case, 497, 498.

BOOK, BROKERS, 86. See also BROKERS.

entry in, whether the memorandum of the contract, 88.

BOUGHT AND SOLD NOTES. See also BROKERS.
no particular form necessary, 89.

usual forms of,

where the broker on the face of them acts as a broker, 89.
where the broker on the face of them acts as a principal, 91.
where the names of both parties appear on each note, 90.
where the name of one party only appears, 90.
where one of the notes was altered by the broker, 97, 98.
where one note only was delivered, 98.

where the bought and sold notes differed, 99, 101.

where there was one sold and three bought notes, 104.

an action may be brought on one note only if it is a sufficient
memorandum, 113, 115, 116.

where the bought and sold notes agreed, but differed from the
contract entered into by correspondence, 117.

BREACH OF CONTRACT. See also REMEDIES FOR BREACH OF

CONTRACT.

what is meant by a, 522.

date of, where the contract was to deliver by instalments, 561,
562.

election to consider a refusal to perform made before the time
for performance as a, 523.

damages for, 549. See also DAMAGES.

BROKERS,

generally, 83.

customary authority of, 84.

are subject to customs of trade, 87.

control of mayor and aldermen of the City of London over, 85.
Relief Act of 1870, 85.

formerly bound to keep a book, 86.

whether the entry in the book is the memorandum of the con-
tract, 88, et seq., 111.

effect of the note as a memorandum, where the names of both
buyer and seller appear on each note, 90.

where the name of one party does not appear on the note, 90.
where one note only has been signed, it is not, although com-
plete, a memorandum, where the authority to the broker was
conditional on his signing both notes, 91.

where the broker makes the note in his own name, he is personally
liable, 91.

a party having a set-off against a broker dealing as a principal,
has the same set-off against the real principal, 92.

distinction between a broker dealing as a principal, where he is
known to be a broker, and where he is not known to be a
broker, 93.

have no right to make themselves parties to the contract, 93.
nature of their authority as agents to sign a memorandum
within s. 4 of the Sale of Goods Act, 94.

keeping the note is evidence that authority has been given to
the broker to sign it, 90, 110, 111, 114, 115.

where the broker altered the sold note, 97.

where the broker delivered one note only, 98.

where the bought and sold notes differed, 99, 101, 102.

where the notes agreed, but there was signed entry in the
broker's book, 100.

where there was one sold and three bought notes, 104.

where a broker signs a contract he was not authorized to make,
111.

an action may be brought on one note only, 113, 115, 116.

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