AGENT-(continued.) Payment to vendor's agent, 277, 278. (See Payment.) Who is an agent entrusted with goods within the Factor's Act, 279 When a debt due from the agent who sells the goods may be set off against the principal, 280, 281 Principal liable for the deceit of his agent, 327 Warranty by agent, 341 When authority implied, ib. At what time made, 342 Agent entrusted to sell cannot himself be the purchaser, 398 So, agent entrusted to purchase, 429 Duty and liability of agent, 394, 395, 428, 429 Laches, 395 When he is justified in departing from special authority, 395, 428 Personal liability of agent to party with whom he deals, 406, 429, 430 Where the principal is not known, 407 Where no responsible principal, ib. Where agent expressly binds himself, 408 Rights of agent, 400 Reimbursement of expenses, 401 Commission, 402, 403 Lien, 403. (See Lien.) Parol evidence admissible that a party acted as agent only, 222 ALIEN. Alien friend may contract, 45 Alien enemy is disabled from suing, 45 Who is alien enemy, 46, 47, 144 How the disability is removed, 48 Contract with alien enemy is void, 144 Unless protected by licence from the crown, 144 Effect of licence, 145 Extent of licence, 146 When licence void, 147 Whether the wife of an alien may be sued as feme sole, 35 AMENDMENT. (See Variance.) APPROPRIATION, Within Statute of Frauds, 61, 62 By trader before bankruptcy, 126, 127 Must be positive and specific, 127 APPROPRIATION-(continued.) To bar the vendor's right of stoppage, 202, 207 To enable the vendor to sue for the price, 242, 254 To enable the purchaser to maintain trover, 315 To enable the purchaser to sue the carrier or other bailee, 419, 420 Proof of assent of both parties to the contract, 213, 214, 304 Assent by agent, 215. (See Agent.) Notice of assent by the party to whom a guaranty is given, 385 Assent of husband to contracts of his wife, 31 Assent by bailee to delivery-order, 421, 422 ASSIGNEES. (See Bankrupt.) When they may affirm the acts of bankrupt, 116 Cannot recover without payment of the charges to which the bankrupt When liable for goods delivered to bankrupt carrying on trade, 259 ASSUMPSIT BY PURCHASER. (See Money had and received-Warranty.) Performance of conditions precedent, 305. (See Conditions Pre- cedent.) Breach, 306, 307 Averments in declaration where purchaser relies on a particular construction of the words of the agreement, 307 Liability of vendor, where performance becomes impossible, 308 ASSUMPSIT BY VENDOR.. (See Account stated-Goods bargained and Action for not accepting, 212 Proof of assent of the parties, 212, 213 Retracting assent, 213-215 Rescission of contract, 215, 292 Assent by agent, 77, 215. (See Agent.) Proof of terms of contract, 217 Written evidence, when, 49, 217 Stamp on, 218. (See Stamp.) Cannot be contradicted by parol, 221. (See Parol.) Variance, 223. (See Variance.) Performance of conditions precedent, 230. (See Conditions Pre- Damages, 239. (See Damages.) ATTAINDER. Disability to contract on the ground of attainder, 44 AUCTION. (See Auctioneer.) Sales by auction are within Statute of Frauds, 52, 148 Avoided by fraud, 148, 151. (See Fraud.) Misdescription, 149, 154 Stipulation that misdescription shall not vitiate the sale, 150 Sale is completed by the fall of the hammer, 151 Until then, the bidder may retract, ib. Separate contract for each lot, 53, 152 Particulars of sale cannot be contradicted by representations of auctioneer, 153, 221 Construction of particulars, 155 Notice of conditions, 154 Auction duty, 155 Payable by vendor or his agent, 157 Unless otherwise stipulated, ib. AUCTIONEER. (See Agent-Auction.) Is an agent for both parties within Statute of Frauds, 75, 160 His duty and liability to vendor, 157, 158 His rights against vendor, 159 Indemnity, ib. and note (k) Compensation and reimbursement, 159, 160 His liability to purchaser, 161 For deposit, ib. Liable for non-performance where principal is not disclosed, 162 Liable for misrepresentation, ib. 163 His rights against purchaser, 163 He may sue for the price, ib. Unless the purchaser has settled with the principal without Or, unless the principal had no title, ib. AUTHORITY. (See Agent-Countermand.) B. BAILEE. (See Carrier.) Several species of bailments, 414 note Delivery to purchaser when the goods are in the custody of a bailee, Action against, generally, should be in the name of the consignee, 416, 417 When the action may be brought in the name of the consignor, 415 Extent of liability, 417, 418 BAILEE (continued.) Duty of an ordinary bailee for reward, 417, 418 When he may set up the claim of a third party, 418 When trover maintainable against, ib. Infant bailee not liable for negligence, 15 Lien of, 420. (See Lien.) BANKRUPT. (See Assignees-Stoppage in Transitu.) Fraudulent transfer by trader is an act of bankruptcy, 107; and void, Assignment of whole property, void, 108 Unless by bonâ fide sale, ib. Assignment of part, void, when, ib. 109 Not, unless in contemplation of bankruptcy, 109 Nor, when the sale is bonâ fide, ib. Nor, when the goods are the property of the transferree, 111 After bankruptcy, no transfer or sale BY bankrupt is good, 113 What transactions protected, 114, 115 When not protected, voidable only at the election of the assignees, 116 Sales To bankrupt, when protected, 117, 118 Payments and other dealings, without notice, when protected, 117 Goods in possession of bankrupt pass to the assignees, 120 And with owner's consent, 121 What is deemed the possession of the bankrupt, 122 What is sufficient to divest the possession, 122, 123 Symbolical delivery, 123 Appropriation by owner, 124 Goods in temporary custody of bankrupt do not pass, ib. Nor goods for specific purpose, 125 Nor goods obtained under false pretences, ib. Nor goods specifically appropriated by the trader before his bank- Nor property in auter droit, 128 BILL OF EXCHANGE. (See Credit.) Giving bill or note in payment suspends the original debt, 249, 276 BILL OF EXCHANGE-(continued.) Proof of dishonour, 252, 274 When the instrument operates in discharge of the original debt, 275 Election by vendor to take the security, where cash payment offered Agreement to run the risk, ib. Where instrument in the hands of third parties, 252 When it does not so operate, 252, 275 Where the instrument is on a wrong stamp, ib. Where it remains overdue in the hands of the vendor, or his agent, 275 Unless purchaser liable to subsequent holder, ib. Unsatisfied judgment thereon, 275 Evidence by purchaser in action on the instrument, 27% Fraud, 133, 272 But not bad quality, 272 Nor breach of express warranty, 272 note Nor exorbitance of price, 133 Interest, 282. (See Interest.) Infant not liable on, 20 Unless there has been a subsequent promise to pay, 24 Or unless accepted when of full age, ib. Feme covert may indorse, with her husband's consent, 31 BILL OF LADING, Form of, 439 Nature of, 194 Negotiable, though "assigns" not expressed, 439 note Effect of signing several bills of lading, 311 note Indorsement by the consignee, makes him liable to the consignor for the price, 257 note Indorsement in blank, 311 note Conditional indorsement, 313 Party in possession of bill of lading to be deemed the true owner of the goods described therein, 298 When indorsee of bill of lading may stop goods, 192 Assignment passes property, 123, 193, 257, 311 Against the assignees of a bankrupt, 123 Against vendor's right of stopping the goods in transitu, 193 But not without indorsement, 194 Nor without valuable consideration, 195, 312 Nor with notice of adverse right or prior claim, 195, 196, 312 Or with notice of consignee's insolvency, 195 Effect of giving partial consideration, 196, 197 When the assignment enables the assignee to maintain trover, 311 |