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To bar the vendor's right of stoppage, 202, 207
To enable the vendor to sue for the price, 242, 251
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
Assent by carrier, 425
ASSIGNEES. (See Bankrupt.)
When they may affirm the acts of bankrupt, 116
Cannot recover without payment of the charges to which the bankrupt
would have been liable, 183, 184, 318, 319
ASSUMPSIT BY PURCHASER. (See Money had and received—Warranty.)
Assent of the parties, 304. (See Assent.)
Performance of conditions precedent, 305. (See Conditums Pre-
Averments in declaration where purchaser relies on a particular
construction of the words of the agreement, 307
ASSUMPSIT BY VENDOR.. (See Account stated—Goods bargained and
Written evidence, when, 49, 217
Cannot be contradicted by parol, 221. (See Parol.)
Disability to contract on the ground of attainder, 41
AUCTION. (See Auctioneer.)
Sales by auction are within Statute of Frauds, 52, 148
Stipulation that misdescription shall not vitiate the sale, 150
Until then, the bidder may retract, td.
Separate contract for each lot, 53, 152
Payable by vendor or his agent, 157
Unless otherwise stipulated, td.
AUCTIONEER. (See Agent—Auction.)
Is an agent for both parties within Statute of Frauds, 75, 160
Unless he makes himself a party, 78, 165
Liable for non-performance where principal is not disclosed, 162
Unless the purchaser has settled with the principal without
AUTHORITY. (See Agent—Countermand.)
BAILEE. (See Carrier.)
Several species of bailments, 414 note
Delivery to purchaser when the goods are in the custody of a bailee,
When the action may be brought in the name of the consignor, 415
Duty of an ordinary bailee for reward, 417, 418
Different degrees of neglect, 418 note
When he may set up the claim of a third party, 418
Not after acknowledgment, 419
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 pf bankruptcy, 107; and void,
though under colour of a sale, ib.
Unless by bona fide sale, ib.
Not, unless in contemplation of bankruptcy, 109
And in order to give voluntary preference, 109, 110
Not void when in pursuance of a special contract, 110
Nor, when the sale is bona fide, ib.
Nor, when the goods are the property of the transferrce, 111
What transactions protected, 114, 115
When not protected, voidable only at the election of the assignees,
Payments and other dealings, without notice, when protected, 117
Payments according to ordinary course of trade and dealing, 118
Not payments with notice, 118,119
If, at the time of the bankruptcy, ib.
And with owner's consent, 121
What is deemed the possession of the bankrupt, 122
What is sufficient to divest the possession, 122, 125
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.)
Laches on the part of vendor, 252, 275
Election by vendor to take the security, where cash payment offered
Agreement to run the risk", ib.
Where instrument in the bands of third parties, 252
Where the instrument is on a wrong stamp, ib.
Where it remains overdue in the hands of the vendor, or his agent, 275
Where it is lost before payment, 276
Unless purchaser liable to subsequent holder, ib.
Unsatisfied judgment thereon, 275
Fraud, 133, 272
But not bad quality, 272
Nor breach of express warranty, 272 note
Nor exorbitance of price, 133
Unless there has been a subsequent promise to pay, 24
Or unless accepted when of full age, ib.
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
goods described therein, 298
BILL OF LADING—(continued.)
Nor with notice of circumstances that render it not honestly
in favour of a third party, ib.
BILL OF SALE,
In transfer of ship or vessel, 79
When continuance of possession by vendor is fraudulent, 100. (See
In action for not accepting, 240
An agent within Statute of Frauds, 76
Authority countermandable, 74
Duration of authority by usage of trade, 77
Entry in broker's books is a sufficient memorandum of the contract, 76
Delivery of goods to broker, 260
Distinction between broker and factor not merely nominal, 281 note
Debt due from broker cannot be set off, 280, 281
Liability of broker for the loss of goods, 394
When broker may be considered a partner, 411
When broker may bring the action, 430
The bought and sold notes are evidence of the contract, 76
Unless they materially differ, ib.
When mistake in sale-note vitiates the contract, 77
BOUGHT AND SOLD NOTES. (See Broker.)
Delivery to within Statute of Frauds, 63, 64