A Treatise on the Law of Agency: Including Special Classes of Agents, Attorneys, Brokers and Factors, Auctioneers, Masters of Vessels, Etc., Etc, 1. sējums

William Lawrence Clark, Henry Heckerman Skyles

Keefe-Davidson Company, 1905 - 2178 lappuses

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BOOK I	1

Agency distinguished from other contracts and relations	7

Sale of goods or contract of agency to sell	16

Intention of the parties controlling particular provisions	24

Agency or lease	28

CHAPTER II	34

Claims in court 1425	39

Aliens as principals	54

Agent may pursue either remedy	867

OBLIGATIONS OF PRINCIPAL TO SUBAGENT 382 In general	869

Subagents right of lien	871

CHAPTER XIV	873

Cannot buy from or sell to himself 1643	874

OBEDIENCE 384 Duty of agent to obey instructions	875

Ratification by principal	877

Applications of this principle	878

Corporations as principals After incorporation	58

Agency prior to incorporation 24 25 34 36 41 46 47 54 58 58 60 60 Partnerships as principals	60

Unincorporated clubs and societies as principals	61

WHO MAY BE AGENTS 26 27 In generalInfants married women	62

Corporations as agents	63

Partnerships as agents 29 30 ៨ ថ ទ ធ ន ន ន Disqualification of agent by adverse interests	67

Wife as husbands agent and husband as wifes agent	68

Agents under the statute of frauds	72

Agents of corporations	73

JOINT PRINCIPALS AND JOINT AGENTS 33 Joint principals	74

Joint agents	75

MASTERS OF VESSELS	77

Agency for illegal object	78

APPEARANCE BY AN ATTORNEY	89

Termination 1626	98

CHAPTER IV	99

Definition appointment and discharge 1903	100

FORM OF CONTRACT OF AGENCY	111

Sufficiency of signing 1871	128

Powers of auctioneer 898 How conferred 1876	132

AGENCY BY ESTOPPEL	140

Duties 1909	147

AGENCY OF NECESSITY	159

POWERS AND INTERESTS 826 In generalExpress or implied 1753	179

CHAPTER V	181

Actions and suits by 1910	194

assent of husband	200

Wifes implied authority to procure necessaries for chil	231

Interest in goods consigned for sale 1755	247

Master as supercargo 1910	249

CHAPTER VI	254

leged principal	263

Knowledge of all material	269

Ratification of part is ratification of whole	275

Exception to general rule	281

WHO CAPABLE OF RATIFYING	292

Ratification by an agent	298

A Express ratification	305

B Implied ratification	314

In accepting bids 1879	323

Ratification of unauthorized purchase	325

By acts of parties 1626	371

AUTHORITY OF BROKER 751 In general 1628	373

CHAPTER VII	380

IMPLIED POWERS OF AN ATTORNEY	381

Broker must be the procuring causePerform	384

BY ACT OF ONE OF THE PARTIES	386

Where agent becomes incompetent	395

166	403

672	407

Revocation by implication	409

SUBAGENTS	414

BY OPERATION OF	427

By death of the agent	440

In money 1762	454

BOOK II	457

208	492

493Continued	493

SUPERCARGO 935 Definition and nature of employment 1913	495

Duty of persons dealing with an agent	506

673	508

CHAPTER IX	512

In general	514

219	522

RULES OF CONSTRUCTION PERTAINING TO ORAL OR IMPLIED	525

CHAPTER III	529

Scope of chapter	531

In negotiable paper 1762	532

Sale must be executed in manner and	541

Power to sell on credit 1632	545

Powers not included in authority to sell	550

B To sell personal property	555

Liability of third persons for property of prin	557

Power to warrant 1632	566

To insure 1764	581

Nor sell at private sale 1882	588

Power to pledge at common law 1766	589

Nor warrant property 1884	593

OF AGENTS AUTHORITY TO PURCHASE	596

Modifications 1769	610

SHIPS HUSBAND	615

Definition and nature of employment 1918	621

Illustrations	623

Duties 1920	625

Where power is given by or to several	629

Implied powers of agent to collect	646

Power to contract in his own name 1633	650

Remedies of principal on unauthorized pledge 1776	653

OF AGENTS AUTHORITY TO SETTLE	655

To submit to arbitration 1778	657

284	661

IN GENERAL	668

Assignments to attorney	675

Execution of authority by partnership as agent	676

CLIENTS LIABILITY TO ATTORNEY	689

EXECUTION OF WRITINGS NOT UNDER SEAL	699

Where name of corporation is signed fol	706

though he signs as agent	720

B Parol contracts other than negotiable instruments	748

Admission of parol evidence	758

DELEGATION OF AUTHORITY BY AGENT	765

Where authority to delegate is implied	771

Application of these rules to particular classes of agents	780

Effect of delegation	792

Note transferred in payment of debt or sold	795

Right to contract in his own name	808

Compensation of agent continuing in service after	809

Duty and liability in selling	814

PURPOSES FOR WHICH AN AGENCY MAY BE CREATED ILLEGALITY	815

36	816

Profits calls assessments	820

Right to compensation when agent acts for both	821

To rescind sale 1779	845

When principal may offset moneys advanced	853

Agents right to indemnity	855

REMEDIES OF AGENT AS AGAINST PRINCIPAL 372 Personal remedies of agent to recover compensa tion	858

In general	859

Acts required to be done personally 75 76	860

Classes of agents liens	861

Essential elements of agents lien	862

Agents lien will not arise contrary to agree ment	863

How an agents lien may be waived or lost	864

Enforcement of agents lien	866

Liability of agent to principal for conversion	880

Title to property converted	883

Liability of agent where instructions are am biguous	884

Duty of agent to act according to custom or usage	885

diligence	886

Degree of skill care and diligence required	887

Agent is not bound to exercise extraordinary skill and diligence	889

Liability of agent in undertakings requiring special skill	890

Determination of agents skill and diligence	891

Agent is presumed to have performed his duty	892

Agent is not liable for errors of judgment	893

Damages for which agent is liable	894

Special applications of these rules	896

Negligence of agent to insure	898

Negligence of agent to sell	899

Negligence of agent to collect	901

SameDuty to receive payment in money	904

SameMeasure of damages	905

Negligence of architects	906

GOOD FAITH AND LOYALTY 404 Duty of agent to act in good faith and with loy alty to his principal	907

Personal interest of agent in transaction	908

Agent must not make profit out of his agency for himself	909

Agent to sell must not himself be the purchaser	913

Agent to purchase for principal must not pur chase from himself	918

Agent to purchase or lease for principal must not purchase or lease for himself	919

SameApplication of statute of frauds	922

To whom this principle applies	924

Ratification by the principal	925

When agent may purchase principals property	926

Duty of agent not to act for both parties	930

Acquisition of adverse rights by agent	932

Duty of agent to give notice to his principal	934

ACCOUNTING BY AGENT 417 Duty of agent to account	935

To whom agent shall account	938

Application of this rule to subagents	939

LIABILITIES OF PRINCIPAL TO BROKER 767 For compensationIn general 1651	940

Commingling of property or funds	941

Duty of agent to render accounts	942

Necessity for demand	943

Liability of agent for interest	946

Application of statute of limitations to agents liability	948

When the principal is entitled to an accounting in equity	951

The right of setoff or counterclaim	953

Whether an agent may set up illegality of trans action	954

Right of principal to follow trust funds or property	958

RIGHT OF AGENT TO DISPUTE PRINCIPALS TITLE 430 The general rule	962

When this rule does not apply	963

When agent may compel interpleader	964

DEL CREDERE AGENTS 434 In general	968

Whether a del credere agent is a mere surety or primarily liable	969

LIABILITY OF AGENT TO PRINCIPAL FOR ACTS OF SUBAGENT 436 In general	970

Appointment of subagentsDistinguished from appointment of additional agents for principal	971

Where subagent is appointed by principalBy necessity	974

IllustrationsConflict in application	975

Commercial agencies	976

Liability of collecting bank for neglect of cor responding bank and other subagents	978

Liability of correspondent bank to owner for money collected	986

Liability of collection agency for neglect of sub agent	989

Liability of express companies undertaking col lections for acts of subagents	990

LIABILITY OF SUBAGENT 446 Liability of subagent to principalTo agent	991

Liability of subagent for money collected	992

CHAPTER XV	996

In general	998

In case of actual authority	999

Where contract or act is apparently authorized	1000

Duty of person dealing with agent to ascertain his authority	1002

Liability on contracts of special agents	1003

Distinction between general and special agents	1005

LIABILITY OF UNDISCLOSED PRINCIPAL ON CONTRACTS 457 In general	1006

Application of this doctrine to written contracts	1010

Exceptions to rule that action may be main tained against undisclosed principal	1012

Qualification of this doctrine	1014

Summary	1015

Exception in case of election to hold agent	1016

What facts constitute an election	1017

Exception in case of contracts under seal	1019

Necessity of performance 1656	1020

Exception in the case of negotiable instruments	1021

EFFECT OF ADMISSIONS AND DECLARATIONS OF AGENT 465 Inadmissibility to prove fact of agency or	1022

nature or extent of authority	1023

Admissibility against principal after proof of agency and authority	1025

Necessity for proof of agencyScope of author ity	1027

Ratification	1029

Prior and subsequent declarations or admissions	1031

IN TORT	1034

Necessity that declaration shall unfold character or quality of act	1035

Illustrations	1036

Declarations of agent acting for himself or hav ing an adverse interest	1038

Admissions and declarations of public agents	1039

Application of general rules	1044

Effect of ratification	1046

Nature of notice required	1047

Character of notice required	1048

Time of acquiring or possessing knowledgeIn general	1049

Better rule as to time of acquiring or possessing knowledge	1050

Qualifications of this rule	1051

Agent must be at liberty to communicate his knowledge	1053

Knowledge of agent employed in continuous transactions	1054

Knowledge acquired after termination of agency	1055

Notice to agent acting for both parties	1058

Notice to subagents	1059

Application of these rules to corporationsIn general	1060

Notice to or knowledge of directors	1063

Notice to or knowledge of stockholders pro moters etc	1065

LIABILITY OF PRINCIPAL FOR THE TORTS OF HIS AGENT 491 In general	1066

Liability of principal for torts expressly author ized	1067

Liability for agents torts in the course of his employment	1068

DUTIES AND LIABILITIES OF BROKER AS TO THIRD PERSONS	1071

Effect of malice or wantonness of agentEarlier	1081

LIABILITY OF PRINCIPAL TO THIRD PERSONS	1087

CHAPTER XVIII	1089

502	1090

Application to corporations	1097

In general 1330	1102

When principal liable in an action for deceit	1107

IN TORT	1112

510	1114

CHAPTER XIX	1115

Fraudulent issue of stock certificates by agent	1122

Liability of principal for torts of subagent	1129

THE RELATION	1140

Autortiesības

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Populāri fragmenti

761. lappuse - It does not deny that it is binding on those whom, on the face of it, it purports to bind; but shows that it also binds another, by reason that the act of the agent, in signing the agreement, in pursuance of his authority, is in law the act of the principal.

Iekļauts 120 grāmatās, sākot no 1830. līdz 1997.

401. lappuse - But if the interest or estate passes with the power, and vests in the person by whom the power is to be exercised, such person acts in his own name. The estate, being in him, passes from him by a conveyance in his own name. He is no longer a substitute, acting in the place and name of another, but is a principal acting in his own name, in pursuance of powers which limit his estate.

Iekļauts 48 grāmatās, sākot no 1823. līdz 1999.

468. lappuse - ... be liable on the warranty, because the servant was acting within the general scope of his authority, and the public cannot be supposed to be cognizant of any private conversation between the master and...

Iekļauts 46 grāmatās, sākot no 1817. līdz 1929.

245. lappuse - Payment by one, is payment for all, the one acting, virtually, as agent for the rest ; and, in the same manner, an admission by one, is an admission by all ; and the law raises the promise to pay, when the debt is admitted to be due.

Iekļauts 85 grāmatās, sākot no 1812. līdz 1987.

1107. lappuse - But with respect to the question whether a principal is answerable for the act of his agent in the course of his master's business, and for his master's benefit, no sensible distinction can be drawn between the case of fraud and the case of any other wrong.

Iekļauts 118 grāmatās, sākot no 1867. līdz 2004.

765. lappuse - It is the duty of the court to instruct the jury as to the law; and it is the duty of the jury to follow the law, as it is laid down by the court.

Iekļauts 175 grāmatās, sākot no 1843. līdz 2007.

511. lappuse - Although a private agent, acting in violation of specific instructions, yet within the scope of his general authority, may bind his principal, the rule as to the effect of the like act of a public agent is otherwise...

Iekļauts 38 grāmatās, sākot no 1872. līdz 1988.

539. lappuse - ... giving and granting unto my said attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes, as I might or could do if personally present...

Iekļauts 412 grāmatās, sākot no 1830. līdz 2006.

401. lappuse - A power coupled with an interest is a power which accompanies or is connected with an interest. The power and the interest are united in the same person. But if we are to understand by the word "interest...

Iekļauts 59 grāmatās, sākot no 1846. līdz 1992.

10. lappuse - There is yet a fourth species of servants, if they may be so called, being rather in a superior, a ministerial, capacity; such as stewards, factors, and bailiffs : whom, however, the law considers as servants pro tempore, with regard to such of their acts as affect their master's or employer's property.

Iekļauts 61 grāmatās, sākot no 1807. līdz 2007.

Bibliogrāfiskā informācija

Nosaukums	A Treatise on the Law of Agency: Including Special Classes of Agents, Attorneys, Brokers and Factors, Auctioneers, Masters of Vessels, Etc., Etc, 1. sējums A Treatise on the Law of Agency: Including Special Classes of Agents, Attorneys, Brokers and Factors, Auctioneers, Masters of Vessels, Etc., Etc, Henry Heckerman Skyles
Autori	William Lawrence Clark, Henry Heckerman Skyles
Izdevējs	Keefe-Davidson Company, 1905
Oriģināls no	Hārvarda universitāte
Digitalizēta	25.10.2007
Apjoms	2178 lappuses

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