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, "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," ASSENT, by buyer to appropriation by seller, 136, 137, 140. 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 ASSIGN, whether a mere covenant to, is effectual to pass any interest, 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. AUCTIONEER, is an agent authorized to sign a memorandum so as to bind both but not to make a contract, 78. is not authorized by the buyer to sign any contract, except a buyer cannot vary such a contract when signed by proof of 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. 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 may make himself liable to both parties, 151, 152. effect of his wrongful refusal to assent to a transfer, or to deliver, 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 where bills are in the hands of third parties, and both drawer 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 drawn against certain consignments, 292. See also EQUITABLE 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. was not formerly an assignment of 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, 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. keeping possession of, for a long time is evidence of acceptance 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 buyer by assigning, may give a greater right than he possesses, where consignors take bill of lading deliverable to their own BILLS OF LADING ACT OF 1855, 422, Appendix, p. 581. BILL OF SALE, memorandum of the terms on which a wharfinger's warrant was 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. usual forms of, where the broker on the face of them acts as a broker, 89. 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 where the bought and sold notes agreed, but differed from the 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, election to consider a refusal to perform made before the time 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. formerly bound to keep a book, 86. whether the entry in the book is the memorandum of the con- effect of the note as a memorandum, where the names of both where the name of one party does not appear on the note, 90. where the broker makes the note in his own name, he is personally a party having a set-off against a broker dealing as a principal, distinction between a broker dealing as a principal, where he is have no right to make themselves parties to the contract, 93. keeping the note is evidence that authority has been given to 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 where there was one sold and three bought notes, 104. where a broker signs a contract he was not authorized to make, an action may be brought on one note only, 113, 115, 116. |