NORTH CAROLINA, number of witnesses to
wills necessary in, 788. ·

mechanics' liens, abstract of law of, 769.
NOTE, promissory, differs from bill of ex-
change, 163.

indorsed in blank always transferable by
delivery, 171.

when incomplete and invalid, 171.

to a fictitious payee with same name in-
dorsed by maker, will be held the mak-
er's own note, 171.
payable to different persons, in the alter-
native, not good, 172.

payable at any place should be demanded
there, 185.

when not presented for payment, all par-
ties but acceptor or maker are dis-
charged, 185.

sale of, when amounting to usury, 306, 307.
NOTICE, of protest, must be given, even to
one who has knowledge, 187.

no particular form of necessary, 187.

if letters be put in the office, any miscar-
riage does not affect the party giving
notice, 187.

should be sent by public post, 187.
should be sent to place of business or res-
idence of party notified, 188.

of non payment, should be sent in reason.
able time, 188.

right to, may be waived by agreement,

190.

death or severe illness is excuse for delay

of, 191.

want of, may be cured by express promise
to pay, 191.

NOTICE OF NON-PAYMENT, there is no pre-
sumption of, 189.

each party receiving, has a day before he
is to send it forward, 188.

should be given only by a party liable on
the instrument, 189.

must be given to every antecedent party
who is to be held, 189.

may be given to a party personally or his
agent, 189.

may be given to either of partners jointly
liable; if not partners, then to each

one, 190.

one transferring, without indorsement by
delivery, is not generally entitled to̟

190.

to agent is notice to the principal, 189.

days of grace allowed, and legal holidays
in, 205.

statute of limitations in, 294.
usury laws of, 311.

number of witnesses and acknowledg
ment required to deeds of land executed
in, 541.

abstract of laws relating to collection and

recovery of debts in, 739.

chattel mortgages, statute of, 662
number of witnesses to wills, 788.
mechanics' liens, abstract of law of, 770.
OKLAHOMA, abstract of laws, 54, 205, 294,
311, 541, 660, 740, 770, 789.

OREGON, law as to rights of married women
in, 54.

days of

grace

in, 205.

allowed, and legal holidays

statute of limitations in, 295.

usury law of, 311.

number of witnesses and acknowledgment
required to deeds of land executed in,
541.

abstract of laws relating to collection and
recovery of debts in, 741.

chattel mortgages regulated by statute in,
661.

number of witnesses to wills necessary in,

789.

mechanics' liens, abstract of law of, 770.
OWNER may recover goods from an honest
purchaser who has bought from one
with defective title, 119.
cannot recover from one who bought in
good faith from one who bought fraud-
ulently from the owner, 19.

347.

when liable for injuries done by master,
346.

of sacrificed property acquire claim for

contribution, 403.

P.

PARTNERS, liability and authority tegin when,

229..

may share the profits or losses as they
choose, 229.

persons may be liable as, to third persons

who are not as between themselves, 230.
who is a secret, dormant, or nominal, 230.
factors, brokers, etc., are not partners

with those employing them, 231.
may dissolve the partnership at pleasure
when working no disadvantage to the
others, 231.

dissolution occurs by death of a general
or special, 232.

dissolution also when one partner's whole
interest is sold on execution, 233.
dormant or secret partner is not liable for
debts contracted after his retirement,
233.

should give notice of retirement, 233.
each one is agent for all, 234.

one cannot bind the firm by a guaranty, a
letter of credit, or submission to arbi-
tration without authority, 235.
may bind the firm by instrument under
seal, 235.

must act as such, to bind the firm, 236.
reception of a new, makes a new firm, 237.
borrowing money for partnership pur-
poses creates a partnership debt, 237.
obtaining credit for partnership purposes
makes the firm liable, 237.

partner in general cannot sue another for
claim growing out of partnership inter-
ests, 239.

either may sue for balance on adjustment

of accounts, 239.

may sue his copartner for money ad-
vanced before partnership formed, 239.
who pays more than his share of a debt
must charge the firm, 240.

the firm may sue for goods sold in the
name of one, 240.

surviving, are tenants in common only

with representatives of deceased, 243.

transaction, 229.

all persons competent to do business on
their own account may enter into, 229.
when created, 228.

no especial form is necessary for, 229.
may be formed how, 229.

usually is but one business name to a,
231.

principal test of, is participation in profits,
231.

may hold real as well as personal estate,
233.

can have no seal at law, 236.

money lent one partner for partnership
purposes, makes a debt of the, 237.
firm is liable only to one who deals with
a partner in good faith, 238.

may be liable for injury caused by crimi-
nal acts of a partner, 238.

funds of, must first be applied to partner.
ship debts, 241.

creditors cannot attach private property
till private creditors are satisfied, 241.
property goes, in case of death of one
partner, to the others, only for purpose
of settlement, 243.
limited, requisites of, 244.
effect of dissolution of, 243.

dissolution of, held to avoid policy of in-
surance, 424.

PART

OWNERS OF SHIPS, rights and obliga-
tions of, 323.

of ships, not necessarily partners, 323.
may sell his share of ship, 323.

all are liable for repairs to ship, 323.
ship's husband, is commonly one of, 324.
PASSAGE-MONEY, rules of, analogous to those
of freight, 334.
PASSENGERS, may be salvor, 344.
PATENTS, the law of, 664.

what may be patented, 664.
who is entitled to a patent, 664.
what will prevent the granting of a patent,
665.

mode of proceeding to obtain a patent,
665.

applications; what, and how to be made,
665.

specifications; what, and how to be made,
666.

oath, or affirmation; what, and how to be
made, 668.

drawings; how they must be made and

sent to the patent-office, 669.

model; how it must be made and sent to

the patent-office, 670.
examination, when, and how made in the
patent-office, 670.

appeals to the examiners-in-chief, 672.
appeals to the Supreme Court of the Dis-
trict of Columbia, 673.

rules regulating the above appeals, 673.
interferences, 674.

re-issues, and surrender, 675.
disclaimers, 678.
extensions, 678.

designs, how they may be patented, 678.
foreign patents, do not prevent taking
one here, 681.

caveats, 681.

assignments and grants of patent-rights,
683.

fees payable to the patent-office; what,

and how payable, 687.

testimony,how taken and transmitted, 688.
PATENT LAW of the Dominion of Canada,

688.

PAYEE, of bill of exchange, 167.

of promissory note, 166.

must be designated, 170.

PAYMENT, how may be made, 147.

negotiable bill or note, is not an absolute,
148.

at the proper place, 185.

part, takes debt from under statute of
limitation, 281.

debtor may appropriate, to any one of
several debts, 281.
PENALTY, of a bond, 105.

for not signing shipping articles, 350.
for discharging seamen without their con-
sent, 353.

PENNSYLVANIA, law as to rights of married
women in, 54.

days of grace allowed, and legal holidays
in, 205.

statute of limitations in, 295.

usury laws of, 311.

number of witnesses and acknowledgment
required to deeds of land executed in,
541.

abstract of laws relating to collection and

recovery of debts in, 742.

chattel mortgages, regulated by statute
in, 661.

number of witnesses to wills necessary in,
789.

mechanics' liens, abstract of law of, 771.
PERILS, of the sea, 388.

by fire, 389.

PILOTS, responsibilities of, 353.

PLACE, what is meant by law of, 312.

general principles of law of, 312.
law of, influencing contracts, 314.

149.

may be appropriated at time of, by payor,

149.

impossibility of presenting a bill for, ex-

cuse some delay, 183.

tine of, in negotiable paper, must not de-
pend on a contingency, 168.

of negotiable paper, must be in money,
168.

of bills, notes, etc., is to be demanded
promptly, though need not be done in-
stantly, 184.

emand of, is sufficient, if made at usual
residence or place of business of payer,
183.

what constitutes demand, and refusal of
183.

bankruptcy or insolvency no excuse for
not demanding, 183.

bills on demand should be presented in a
reasonable time for, 184.

subsequent additions to, 371.

of insurance, how affected by assignmen

372.

of insurance, assignment of, 372.
of insurance, when altered, 371.
when open or valued, 372.

wager, 372.

value insured in an open, 373-
memorandum in, 379.

express warranty in, 379.
embraces what perils, 387.

providing against barratry by clause in,390
liberty, 393.

as to total loss, in the provisions of the,
398.

valuation in the, generally determines the
estimate of the loss, 398.

of fire insurance, what recessary to exe
cution of, 407.

rhen delayed, and comfora" not bound

40%.

what effect, 408.

of fire insurance, how constructed as to
description, 408.

intention must be expressed in, 408.

words "stock in trade" include what in,
408.

memorandum on back of, 409.

mistake in, 409.

when some parts written, some printed,
409.

containing scale of premiums, 410.

when void, for false statement of appli
cant, 410.

how affected by greater hazard for a time,
411.

when made by consignee will be construed

to cover his interest only, when no in-
terest is expressed, 415.

by commission merchant, in his own
name, when it may cover goods of vari
ous consignors, 415.

provisions against double insurance, 416.
when separate statements are part of,

417.

indorsement made upon, may take effect
as part of, though made before executed,
418.

when statement not construed as part of,
418.

difference between marine and fire, 419.
when avoided by misrepresentations or
concealments, 419.

always avoided by warranty broken, 419.
parties may make a valued, 422.

is personal contract between the parties,
423.

against fire, contains provision against
assignment, 424.

production of, certificate of loss, is condi

tion precedent to payment, 424.
difference of adjustment between marine

and fire, 425.

assignment of, should be made on it, 429.
assent of insurers had best be obtained
to assignment of, 429.

time of death in case of life insurance has
important effect on payment of the,
432.

restrictions on the life insured in the, 432.
when avoided by death by suicide, 433.
takes effect from date, 394.

never attaches in case of unreasonable
delay in sailing, 394.

"to," and "at and from," 394.

on goods attaches when, 394.

PORT, what is meant by, in policy, 394.

POWER, to sell, implies power to warrant,
etc., 209.

of ship-master, 346-350.

of attorney, custom-house, 366.
PREMIUM, when due and how paid, 385.
when may be returned, 385.

how paid in case of life insurance, 431.
in case of life insurance when paid, 431.
extra required in what cases, 433.
PRESENTMENT, for acceptance, 180.

should be made during business hours,

181.

should be made to drawee or his agent,
181.

for demand of payment, 182.

for demand of payment, same for notes
and bills, 182.

for demand of payment, universal rule of
law merchant in regard to, 184.
PRESUMPTION OF LAW, affecting contracts
how, 801.

PRINCIPAL is bound by acts of the agent,
207, 208.

may confer authority on agent how, 209.
has power of revocation in general, 213.
when undisclosed, may show that the
nominal party was actually his agent,

216.

is responsible for injuries resulting from
a fraudulent representation of the
agent, 216.

is bound by payment of money to an

agent only when done in regular course
of business, 216.

not responsible for criminal acts, unless

he expressly commanded them, 217.
who accepts the benefit of an act done by

his agent discharges him from respon-
sibility therefor, 217.

general rule is, he may revoke his agent's
authority at pleasure, 220.

cannot revoke authority given to factor
after advances made, 222.
PROFITS, how valued and insured, 373.
PROMISE, of promissory note, 168.

must be supported by a consideration, 97.
to pay another's debt when original, when
collateral, 143, 144.

in negotiable paper, must be absolute,
168.

PROMISE, barred under statute of limitations,

279.

new, sufficient to take case from statute

of limitations, 280.

new, not implied from mere acknowledg
ment, 280.

implied by part payment, 281.
PROMISE, can never be enforced by one who
knew the performance thereof impossi-
ble, 101.

cannot be enforced when supported only
by a valueless consideration, though it
was at first apparently good, 102.
when severable, what may or may not be
enforced, 102.

for work to be done, when broken without
good cause by promisor, he cannot
recover, 102.

PROMISOR, of promissory note, 166.
PROMISSORY NOTE, differs from bill of ex-
change, 166.

R.

REAL PROPERTY, may be held by partner
ship, 233.

oral bargain for, of no effect, 450.
REASONABLE TIME, allowed by law for an
acceptance of an offer; what this time
is, 70.

RECEIPTS, definition of, 150.

open to explanation or contradiction, 151.
RECORDING of deeds, essentials of, 444-
in deed, may be shown not for value, 446

RECOVERY OF DEBTS, attachment, trustee
process, garnishee process, homestead,
and exemption from execution, 703.
RECOVERY OF DEBTS, abstract of the laws
of the States respecting, 705.
REGISTRATION OF SHIPS, 318-320.
RELEASE, differs from receipt, 151.

in the nature of a contract, requires con
sideration, 151.

REPAIRS, of ship, 340.

value of old material should be deducted
in case of, 404.

how affecting insurer and insured, 413.
REPRESENTATION, and warranty, 417.
differs from a warranty, 418.
how affecting the policy, 417.

if in writing or in parol, 419.

in case of life insurance, 434-438.
RETRACT, when and how one may retract his
offer, 71.

REVOCATION is in general within the power
of the principal, 213.

of submission may be made by eithe
party, 254.

of submission, the other party has dam
ages for, 254.

of submission, notice must be given of, 255.
of submission, bankruptcy does not amount
to, 255.

of an offer, when, how, by whom, 71.
REVOCATION OF WILLS, 780.
RHODE ISLAND, law as to rights of married
women in, 55.

days of grace allowed, and legal holidays
in, 206.

statute of limitations in, 295.
usury laws of, 311.

number of witnesses and acknowledgment
required to deeds of land executed in,

541.