INSURANCE, POLICY OF, whether assured had any property in goods insured, 140, 168, payment of, not conclusive as to ownership, 269. INTENTION TO PASS THE PROPERTY, rules for ascertaining the, 184, et seq. See SALE. PROPERTY. CONDITIONS PRECEDENT. INTENTION TO RESCIND, 508, 511. seller retaking possession is not evidence of, 508. INTEREST, equitable, 270, 291. in land within the 4th section of the Statute of Frauds, 1, 12. when it may be recovered, 575. on mercantile securities, 575. when there is a promise to pay, express or implied, 576. as a general rule it cannot be recovered, 576. See EQUITABLE INTERESTS AND ASSIGNMENTS. "INTRUSTED," meaning of in Factors Acts, 460, et seq. See FACTORS. INVOICE, effect of retention of, by purchaser, 161. is evidence to show what were the terms of the contract, 153. J. JUDICATURE ACT, assignment of a debt, 294. JUS DISPONENDI, 151. JUS IN REM AND IN PERSONAM, 266. L. LAND, interest in within the 4th section of Statute of Frauds, 12. contract relating to, if varied, and a new contract be substituted, LAW MERCHANT, 345. LETTERS. See FRAUDS, STATUTE OF, and SALE OF GOODS ACT, s. 4. of credit, 308. LICENCE, to seize after-acquired property, 327. distinction between a contract and a, 124. LIEN. See also DELIVERY. definition of, 151, n., 481, 482. for freight, carrier's, 398, 408, 411. not lost where carrier holds as bailee of the buyer, 398. is lost by delivery to a carrier, 349. or to the buyer's warehouse, 36. seller's, must be gone before there can be an actual receipt, 26, seller's rights are greater than a, 341, 480, 481. LOST PROPERTY,' purchase of, 178. M. MARKET OVERT, purchase in, 178, 180, 459, 497. MARKET PRICE, best test of value in assessing damages, 552, 553, 562. MARKING GOODS, with buyer's name is not conclusive evidence of delivery to him, with buyer's name is evidence of acceptance and receipt, 28, 33, MASTER OF SHIPS. See CARRIER. MEASUREMENT OF GOODS, 33. right to, 219. MEMORANDUM IN WRITING UNDER SALE OF GOODS ACT. See also FORMALITIES. generally, 43. what is a memorandum sufficient to satisfy the statute, 54. what is a sufficient signature, 70. who is an agent authorized to sign, 76. MERCANTILE LAW AMENDMENT ACT, 1856, MERCANTILE SECURITIES, MERCHANTABLE CONDITION, 220, 228. MERCHANT, LAW, formerly distinct from common law, 345. MISTAKE, if there be a, as to the thing sold, there is no contract, 175. "MONTH," meaning of, 251. "MORE OR LESS," meaning of, 233, 234, 239, 241, 248. MUTUAL, rights of seller and buyer are; where buyer may refuse to accept, to be declared within a certain time, 241, 245, 247. NEGLIGENCE, in allowing a person to remain in possession of goods or docu- NEGOTIABLE SECURITIES. See BILL OF LADING, DOCK NOTES, BOUGHT AND SOLD, forms of, 89, 91. See BROKERS. NOTICE, given to broker instead of to principal, 247. of assignment of a debt to a debtor, 295. of stoppage in transitu, to whom to be given, 391, 415. of agency under Factors Acts, 458. See FACTORS. sub-sale for value without, of first sale, 497. "NOW ON PASSAGE," meaning of, 254. 0. OBLIGATIONS, rights in personam, 266. OPERATION, of a contract of sale according to English and Roman law, 266. OWNERSHIP, reputed, 495, 497, n. P. PACKING goods ordered with others not ordered, 233, 243. of contracts required to be in writing, 119-127. question of fact whether parties intended to rescind original where there was a request by one party to postpone delivery, 121. PART OF THE GOODS, taking possession of, not constructive possession of the whole, See DELIVERY. PAWN. See PLEDGE. PAYMENT, demand of, before day named for payment, 246, 505, 508. part, does not affect stoppage in transitu, 354. what amounts to, 356, n. by the acceptance of a third person, 360. where a seller elects to take payment in some other form than whether taking a bill amounts to, 355, 356, n. by return consignments, 357. See REMEDIES. PENALTY, 263. PERISHABLE ARTICLES, resale of, 498, 504. See REmedies. PLEDGE. See FACTORS. without delivery, 420. of bill of lading, 417, et seq. distinction between a pledge and a sale of a bill of lading, 422, n. of dock warrant, 447, et seq. of delivery order, 447, et seq. where goods were substituted for those pledged, 472. for less than their value and subse- letter of hypothecation, 154. PLEDGEES, quently for the balance, 473. rights of, where bill of lading is drawn in three parts, 443. POSSESSION, meaning of, 361. constructive where the seller agrees to hold as agent of the buyer, 27, the seller is also a warehouseman, 368. the goods were in a bonded warehouse of which the a carrier agrees to hold as agent of the buyer, 26, 353, a carrier agrees to hold as agent of the seller, 150, 349, whether a carrier agrees to hold as agent for the buyer the goods are in the hands of a warehouseman and absolute authority to take possession, 372. assent of the warehouseman to hold as agent of the is to be implied from a transfer in the warehouse- or where silence indicates assent, 373. but not from weighing at the seller's request, 374, where the seller enters a sub-buyer's name in his assent need not be expressed in writing, 372. ing his assent, 373. See WRONGFUL REFUSAL TO |