CHAPTER XIII. - BUSINESS FORMS.

The following pages contain specimens of some of the more formal business papers. They are presented here for purposes of illustration, and not to serve as guides in drawing similar instruments; for it is generally true that, if a transaction requires the execution of such a document, it is of sufficient importance to have it drawn by one who understands the real legal significance of what he is writing. This is particularly true of deeds and other instruments dealing with the title to real estate. At the same time there are many of a limited experience in business, who are totally unfamiliar with common legal instruments and apparently overawed and mystified by their formal appearance. Such people will often, as a consequence, sign papers which they have scarcely read, and much less understood. There has been no attempt to introduce any insurance forms, since each company has its own, or they are prescribed by some state law.

(1)

ASSIGNMENT OF AN ACCOUNT.

Know all men by these presents, That I, William Reeve of in consideration One Hundred Dollars to me paid by Samuel Little of, the receipt whereof is hereby acknowledged, do hereby sell, assign and transfer to said Little all and whatever sum or sums of money now due and becoming due to me from Brown, Leavitt & Company of— ; To have and to hold the same to the said Little, with power to collect the same in my name and as my attorney hereunto duly authorized, but to his own use. It is expressly understood, however, that I, the said Reeve, am forever to be saved harmless by the said Little from all cost or charge hereafter, in any way or manner, for and from the expense of collecting the sum and sums hereby sold and assigned.

In witness whereof I, the said William Reeve, have hereunto set my hand and seal, this 10th day of January, A. D., 1892. WILLIAM REEVE, [SEAL]

(2)

BOND FOR THE PAYMENT OF MONEY.

(The party giving a bond is termed the obligor; the party to whom it is given, the obligee.)

Know all men by these presents, That we, George Candee as principal, and Isaac Williamson as surety, and both of Boston, in the Commonwealth of Massachusetts, are holden and bound unto Samuel Ford of Kansas City, in the State of Missouri, in the sum of Five Hundred Dollars, to the payment of which to the said Ford, his executors, administrators and assigns, we hereby jointly and severally bind ourselves, our heirs, executors and administrators.

The condition of this bond is such that, if the above bounden principal obligor or his heirs, executors or administrators, shall on the first day of January, 1893, pay, or cause to be paid, to the above-named obligee, his executors, administrators or assigns, the sum of Two Hundred and Fifty Dollars with interest upon the same from the date of this instrument at the rate of six per centum per annum, then this obligation shall be void, or otherwise shall remain in full force.

In witness whereof, we, the said Williamson, hereunto set our hands January, 1892.

George Candee and Isaac and seals, this first day of

[SEAL]

GEORGE CANDEE,
ISAAC WILLIAMSON, [SEAL]

(3)

POWER OF ATTORNEY TO SELL GOODS AND TO COLLECT

PROCEEDS.

Know all men by these presents, That I, Ernest Jones of hereby constitute and appoint William Parker of true and lawful attorney for me, and in my name and stead, to sell all or any goods that I may intrust my said attorney with; such sales to be made from time to time, at such prices and on such terms as my said attorney shall deem best. My said attorney shall acknowledge the receipt of all goods consigned to him; and shall remit

to me the proceeds of all sales after deducting his commission, and all expenses attending the sales in such form as he shall deem most advantageous to me.

Hereby granting unto him, said attorney, full power and authority to act in and concerning the premises as fully and effectually as I myself might do if personally present.

In witness whereof, I hereunto set my hand and seal this third day of January in the year one thousand eight hundred and ninety-two. Signed and sealed in the presence of ERNEST JONES, [SEAL]

FREDERICK W. Goss.

(4)

POWER OF ATTORNEY TO VOTE AT A MEETING OF STOCKHOLDERS IN A CORPORATION.

Know all men by these presents, That I, the undersigned, Stockholder in the Enterprise Manufacturing Company, do hereby appoint James Knight true and lawful attorney, with power of substitution, for ine and in my name, to vote at the meeting of the Stockholders in said corporation to be held at Chicago, or at any adjournment thereof, with all the powers I should possess if personally present, hereby revoking all previous proxies.

Boston, January 6, 1892.

SAMUEL JONES.

(5)

ARTICLES OF COPARTNERSHIP.

This Agreement, made this first day of January, A.D. 1892, by and between Chester Gray, of

Green, of

of the first part, and Samuel

of the second part, witnesseth as follows: —

1. The said parties hereby agree to become partners in the business of buying and selling dry goods at retail, under the style of Chester Gray & Company, for the term of two years from the date hereof; said business to be carried on at or such other place or

places as the said parties may hereafter determine.

2. The capital of the partnership shall consist of the sum ofdollars to be brought in by the partners in equal shares. And all expenses incurred in the conduct of said business, and all losses

happening in the same, shall be paid out of the said capital and the profits accruing therefrom, or, if the same shall be deficient, by the partners in equal shares.

3. The partners shall be entitled to the net profits of the business in equal shares, and net profits shall be divided as soon after the end of each year as an account of stock, implements and trade fixtures belonging to the business, and of the book-debts and capital, can be taken, and a statement of the affairs of the partnership be made out.

4. Proper books of account shall be kept in the counting-room or office of the partnership, and therein shall be duly entered, from time to time, all dealings, transactions, matters and things whatsoever in or relating to the said business; and each partner shall have full and free access thereto at all times, but shall not remove the same from such counting-room or office.

5. Neither partner shall, without the consent of the other, draw, accept, or sign any bill of exchange or promissory note, or contract any debt on account of the partnership, or employ any of the moneys or effects thereof, or in any manner pledge the credit thereof, except in the usual and regular course of business.

6. The said partners and each of them shall at all times employ themselves diligently in the business of the partnership; and shall not, either directly or indirectly, engage in any business except the business of the partnership and on account thereof.

7. This agreement may be terminated by either party, at any time within the two years, by giving three months' notice thereof in writing to the other party.

In witness whereof the said parties have hereunto and to another instrument of like tenor set their hands and seals the day and year first above written.

NOTE.

CHESTER GRAY, [SEAL]
SAMUEL GREEN, [SEAL]

Of course there might be many more clauses added according to the peculiar circumstances of each case, and expressing more specifically the agreements of the parties. The above is a short form and leaves many matters in relation to the conduct of the business to be determined later by common consent or by reference to established principles. However carefully drawn the articles may be, a partner is very much at the mercy of his associates, and should choose wisely before forming a partnership.

(6)

NOTICE OF THE DISSOLUTION OF A PARTNERSHIP.

Notice is hereby given that the partnership lately subsisting between us, the undersigned Chester Gray and Samuel Green, carrying on a retail dry-goods business at under the style of Chester

Gray & Company, was, on the tenth day of January, 1892, dissolved by mutual consent.

CHESTER GRAY.

NOTE. A bill of sale is not needed to pass the title to personal property; nor is it a contract to sell; but it is used in important sales to give them an additional solemnity and as a convenient means of preserving a signed statement of what was intended to be sold.

Know all men by these presents, That I, Daniel Hopkins of in consideration of Seven Hundred and Fifty Dollars paid by Joseph Pike of, the receipt whereof is hereby acknowledged, do hereby grant, sell, transfer and deliver unto the said Pike the following goods and chattels, namely: Three roll-top desks, two large safes, one table, three swivel chairs, ten office chairs, one large heavy rug, three small rugs and a revolving book-case, being the furnishings of the office now occupied by me at No. 17 G Street in said Boston.

To habe and to hold all and singular the said goods and chattels to the said Pike and his executors, administrators and assigns, to their own use and behoof forever.

And I hereby tobenant with the grantee that I am the lawful owner of the said goods and chattels; that they are free from all incumbrances; that I have good right to sell the same as aforesaid; and that I will warrant and defend the same against the lawful claims and demands of all persons.

In witness whereof, I, the said Daniel Hopkins, hereunto set my hand and seal this tenth day of November, in the year one thousand eight hundred and ninety-one.

Signed, sealed and delivered

in presence of

JAMES GIBBS.

DANIEL HOPKINS, [SEAL]