Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs

Anthony Jennings Bledsoe

authorby R.S. Kitchener, 1904 - 542 pages

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Table of Contents

Index

Making of Contracts 3344	33

Contracts in Restraint of Trade	39

Agreements for Sale 4446	44

SALE OF PERSONAL PROPERTY	46

Installment Sales 5054	50

Warranty of Personal Property 5658	56

Storage of Personal Property	62

Removal of Property by Warehouseman	64

Searchers of Record 324328	324

Liability of Searchers of Record	325

Liability for Mistake	326

Omitting Judgment and Sale	327

Measure of Damages	328

Bond of Notary	329

Liability of Sureties on Official Bond	330

Section 614False Certificate to Acknowledgment	331

Landlord and Tenant 7481	74

Sale of Real Property 8189	81

Section 87c Deed to Separate Property	82

Deed in Escrow	88

Employer and Employee 8992	89

Principal and Agent 94103	94

Obligations of Agents to Third Persons	102

Wholesalers Agents 103108	103

Agents Authority to Borrow Money	108

Commission Merchants III116	111

Pledge of Consigned Property	112

Section 134Guaranty of Certain Price	113

In Whose Name Insurance May Be Put	114

Taking Promissory Note in Payment	115

Duty to Render Accounts	116

Description of Land	117

When Contract Fulfilled and Commission Earned	118

What Is Sufficient Authority from Corporation	119

Ratification of Unauthorized Employment by Cor poration I20 Section 155 Option to Agent to Sell for Commission above a Fixed Price	120

Failure of Sale by Defective Title 122 1	122

Failure of Owner to Remove Defects 123	123

What Is Good Title	124

Sale by Owner through Another Agent	125

Liability of Agent under Contract to Sell for Speci fied Amount	126

Liability of Owner to Auctioneer	127

Agents Mistake as to Title	128

Terms of Payment and Refusal to Accept Tender	129

Owner and Purchaser Need Not Be Brought Face	130

How Authority of Agent Can Be Extended	136

Fire Insurance Contract 139161	139

Insurance without Interest Illegal	142

Section 215Alteration Increasing Risk	148

Rights of Mortgagee Effect of Sale under Fore closure	150

Right of Arbitration	151

Waiver of Condition as to Prepayment of Premium	152

Payment of Policy	153

Time When Policy Takes Effect	156

Warranties	157

Section 234Provision as to Bringing Suit	159

Liability of Heir for Premium	160

Fire Insurance Agents 161168	161

Brokers or Agents	162

Authority of Local Agent 163 I	163

Ostensible General Power of Local Agent	164

Application Made Out by Agent of Company	165

Waiver of Petroleum Clause by Agent	166

Agents Knowledge of Former Insurance	167

Building Contracts 168185	168

Contract or Memorandum to be Recorded	169

Contractors Bond	170

Form of Builders Contract	171

Section 264Reference to Plans and Specifications in Contract	176

Twentyfive Per Cent Reserved	177

Price Where Contractor Abandons the Work	178

Section 274Breach of Contract by Owner	179

Contract Providing for Arbitration	180

Invalid Memorandum	181

Owner Not Liable for Damages on Unrecorded Contract	183

Material Departure from Specifications	184

Mechanics Liens 185200	185

To What Lien Extends	186

Alteration of Contract Does Not Affect Lien	187

Effect of Mechanics Lien	188

Owners Notice of Completion	189

Time within Which Miner May File Lien	190

pletion	191

Notice by Owner That He Will Not Be Responsible	192

Contractor Must Defend Suits on Liens at His Own Expense	193

What Is Applied to Liens When Contractor Aban dons the Work	194

Section 311Building Constructed under Distinct Contracts Who Is Original Contractor	195

When Lien for Materials Begins	196

Lien for Moving a House	197

Abandonment and New Contract	198

Miners Lien Must Be upon the Whole Claim	199

No Lien against a Public Building	200

Section 327Right of Materialman to Give Notice	201

Description of Mining Claim	202

What Is Meant by Owner	203

Section 334Attorneys Fee Need Not Be Paid before Suit	204

Section 337Mining Ground Patented Land	205

Loggers Lien 217220	206

Section 344Architect Has No Lien against Monument in Public Park	208

Condition as to Certificate May Be Waived by Owner	209

Services of Architect	210

Contract for Percentage on Cost of Building	211

Liens for Salary and Wages 212	212

Section 357Wages and Salaries in Case of Attachment and Execution	213

When Transfer of Contract Waives Vendors Lien	214

LIENS ON PERSONAL PROPERTY Section 362 Lien for Services	215

Section 363a Defrauding Livery Stable Keepers	216

Lien of Laundry Proprietors	217

Claim of Lien to be Filed for Record	218

Undertaking on Attachment	219

Lien of Persons Working on Threshingmachine 220	220

Lien Is Assignable	221

Section 384False Representations Invalidate Lien	222

Breach of Contract to Pay Money	223

Breach of Agreement to Convey Real Property	224

Damages for Breach of Carriers Obligations	225

Partnership 226252	226

Formation of Partnership	227

Partners Interest in Partnership Property	228

Partners Share in Profits and Losses	229

Section 404Application of Partnership Property to Payment of Debts	230

Mutual Obligations of Partners	231

Section 407Liability of Partners to Account	232

Renunciation of Partnership	233

Power of Majority of Partners	234

What Partner Cannoť Do	236

Doing Business under Fictitious Name	237

Certified_Statement of Special Partnership	238

Rights of Special Partners	239

Mining Partnerships	240

Profits and Losses in Mining Partnership	241

New Member of Mining Partnership	242

Owners of Majority of Shares Govern Conduct of Mine	243

Partial Dissolution of Partnership	244

Notice of Dissolution of Partnership	250

Section 434Winding up the Partnership Affairs	251

Surveys of Land 252268	252

Government Survey Accepted and Approved Is Fixed and Unchangeable	253

Field Notes and Maps	254

Townships	256

Principal Meridians and Base Lines	257

Township Corners	258

Section Corners	259

Quarter Section Corners	260

Meander Corners	261

Section 453Government Lines and Corners Must Control	262

Section 455Proportionate Measurements	263

Instructions from the General Land Office	264

Section 457Manual of United States Surveying	266

Monuments Control Courses and Distances	267

Spauldings Table for Measurement of Logs 268273	268

Section 461b Explanation of Table	272

DIVISION FENCES Section 462 Fences on the Line	273

General Fence Law	274

Alameda County Using Anothers Fence for En closure	276

Alameda County Fences on the Line	277

Alameda County Height of Division Fences and Partition Walls in Cities and Towns	278

Section 473Alpine County Fence Law Same as in Alameda	279

Amador County Duty of Owners	280

Section 477Amador County Liability of Adjoining Owners	281

Butte County Fence Law Same as in Amador	282

Section 483Colusa County Trespassing Animals	283

Colusa County Manner of Constructing Partition Fences	284

Colusa County Lands Exempted	285

El Dorado County Trespass of Animals	286

Glenn County Fence Law Same as in Alameda	287

Madera County Fence Law Same as in Alameda	288

Modoc County Division Fences	289

Modoc County Construction of Division Fence	290

Section 511Mono County Fence Law Same as in Alameda	291

Section 514Napa County Division Fences	292

Placer County Fence Law Same as in Colusa	293

Section 525San Joaquin County Fence Law North and East of San Joaquin River	294

San Mateo County Notice to Build Fence	295

San Mateo County Trespass by Animals	296

Solano County Fence Law Same as in Amador	297

Sonoma County Posts Used for Fences	298

Section 545Tulare County Fence Law Same as in Amador	299

Rights and Liabilities of Professional MenPhysicians	300

Liability for Injury to Patient	301

Section 555Failure to Use Proper Appliances	302

Section 557Liability for Abandoning Case	303

Section 558Abandoning Confinement Case	304

Burden of Proof in Suit for Damages	305

Section 564Board of Medical Examiners	306

Evidence in Trials for Practicing without License	308

Right to Jury Trial Section 569 Compensation of Physicians	309

Physicians as Expert Witnesses	311

Privileged Communications Generally	312

Rights and Liabilities of Professional MenDentists 313	313

Compensation of Dentists	314

Compensation of Oculists	315

Authority of Attorney	316

RIGHTS AND LIABILITIES OF PROFESSIONAL MEN TEACHERS IN THE PUBLIC SCHOOLS Section 584Male and Female Teachers	317

Section 587Election for Life	318

Contract with Teacher	320

Duty of Teachers	321

Right of Teacher to Punish Pupils	322

Section 594Admission of Chinese Children	323

Notary Cannot Amend Certificate	332

Section 617Party Introduced to Notary	334

Carriers of Freight 335342	335

Directions to Carriers	336

Bill of Lading	337

Number of Bills of Lading	338

Who Must Pay Freight	339

Agreements to Limit Liability	340

General Liability of Common Carriers for Loss	341

Letters of Credit 342345	342

How Addressed 343	343

Section 643Credit Given Must Agree with Terms of Letter	344

BILLS OF EXCHANGE Section 645Nature of Bills of Exchange	345

When Bill of Exchange May Be Presented for Acceptance	346

Acceptance Must Be in Writing	347

What Is Admitted by Acceptance	348

Foreign Bills	349

Damages Allowed on Dishonor of Bill of Exchange	351

Assignment for Benefit of Creditors 352359	352

What Is Insolvency	353

Void Assignment	354

Failure to File Inventory	355

Bond of Assignee	356

Assignee Protected for Acts Done in Good Faith	357

Collection of Bills and Accounts 359369	359

When Open Account Outlaws	360

When Mutual Account Outlaws	361

Interest on Stated Account	362

Assignment May Be Verbal or Written	363

Authority of Agent in Making Collections	364

Agents Commissions upon Collections	365

In What Township Suit Must Be Brought	366

Attachment of Debtors Property in Suit to Collect Account	367

Accepting Promissory Note	368

Promissory Notes 369396	369

Note Made by Minor	370

Note Made to Minor	371

Note Made to Married Woman	372

Note Made to Corporation	375

Must Be for a Certain Specified Amount	376

Time of Payment	377

Place of Payment	378

How Must Be Signed by Maker	379

Note Payable on or before a Certain Date	380

Note Payable to Order of Maker	381

Section 733Joint Note	382

Section 734Form of Joint Note	383

Liability of Makers of Joint and Several Note	384

Legal Rate of Interest	385

When Outlawed Note Is Renewed	386

Section 744Indorsement of Negotiable Note	387

Section 747Special Indorsement	388

Indorsement without Recourse	389

When Note Must Be Presented for Payment	390

By Whom Note Must Be Presented for Payment	391

What Will Excuse Presentment for Payment	392

When a Note Is Dishonored	393

When Notice of Dishonor Must Be Given	394

When Notice of Dishonor Is Excused	395

Mortgages 396421	396

What Personal Property May Be Mortgaged	397

Mortgage of Married Woman	398

Section 774a Proof of Execution of Mortgage	399

Mortgage Not Recorded Good between Parties	400

Form of Declaration of Homestead by Husband and Wife	401

Form of Declaration of Homestead by Wife	403

Value of Homestead	404

Form of Real Estate Mortgage	405

Section 785Rules Which Apply to Chattel Mortgages	406

Form of Chattel Mortgage	407

Deed as Security and Agreement to Deed Back	409

Lawful Interest	410

Who Must Pay Taxes on Mortgage	411

In What Court Suit Must Be Brought to Foreclose Mortgage	412

Costs of Foreclosure	413

Section 806 Time for Redemption	414

The Sheriffs Deed	415

Section 811Fossession of Property during Foreclosure Proceed ings	416

Section 814Who Must Pay for Improvements Made during Foreclosure Proceedings	417

Excuse for Not Presenting Claim in Time	418

Collection of Lost or Destroyed Note	419

Section 821a Assignment of Mortgage	420

Attachments 421429	421

Section 824What Property Is Exempt from Attachment or Ex ecution	422

Mortgaged Property May Be Attached	426

Garnishment	427

Section 831Money in the Hands of the Law	428

Judgments and Executions 429432	429

Judgment a Lien on Real Property	430

How Justice Court Judgment Is Made Lien on Real 431 Section 840 Time within Which Execution May Issue	431

PART V	432

Who May Make a Will	433

Section 847Kinds of Wills	434

Form of Olographic Will	436

Gifts to Subscribing Witnesses	437

Section 854Revocation by Marriage	438

Children of Devisee	439

Estray Law of California 441445	441

Section 865Form of Notice	442

Suit by Owner	443

Sale by Constable	444

PART VII	445

Section 874Who May Form a Corporation	446

Section 877Number of Signers	448

Filing of Articles of Incorporation	449

Cost of Incorporating	450

Section 884Amendment of Articles of Incorporation	451

Change of Place of Business	452

Capital Stock	453

Subscription for Stock	454

Transfer of Stock Held by NonResident	455

Void Certificates	456

When Corporation Cannot Claim Its Own Stock Invalid	457

Seal of Corporation	458

Corporation Must Keep within Object of Its Crea tion	459

When Corporation Bound by Its Own Invalid Act	460

Notice to Corporation	461

Assignment of Accounts	462

What Is a Corporation De Facto	463

Stockholders Right to Inspect Books and Records	464

Motives of Stockholder in Making Examination of Books	465

Remedy of Stockholder When Inspection of Books Is Refused	466

Liability of Member Where There Is No Capital Stock	467

When Liability Not Released by Subsequent Trans fer	468

Stockholder May Sue Other Stockholders	469

When Liability of Stockholder Is Satisfied	470

Holding Property in Other Counties	471

Section 934Increase of Capital Stock	472

Certificate of Increase or Decrease of Capital Stock 4	473

Paper in Which Notices Must Be Published	474

Order Levying Assessment	475

Section 943How Assessment May Be Enforced	476

Form of Notice of Sale	477

Section 947Extension of Time for Payment and Sale	478

Section 949Purchase of Delinquent Stock by the Corporation	479

Lien for Assessment	480

ByLaws of Corporation	481

Book of ByLaws	482

The Board of Directors	483

Directors for the First Year	484

Who May Vote at Election of Directors	485

Who May Vote Stock in Hands of Trustee	486

Organization of Board of Directors	487

Duties of President Secretary and Treasurer	488

Regular and Special Meetings	489

Publicity Cannot Make Illegal Acts of Directors Valid	490

Services of Director Outside of His Duties as Such	491

Liability of Directors for Money Embezzled	492

Section 984Authority of President	493

Extent of Debts to be Created	494

Removal of Directors from Office	495

Dissolution of Corporation	496

False Reports	497

Taxation of Corporations	498

Banking Corporations	499

dAdvertising by Bank	500

gLien of Bank	501

jNational Bank Cannot Deal in Stocks	502

cAmount Which Can Be Taken on One Risk	503

cWhen Construction Must Be Begun	504

Corporations in California 445506	506

Who May Locate a Mining Claim	507

What Constitutes a Valid Location	508

Marking the Boundaries	509

Form of Notice of Location of a Placer Claim	510

Section 1014Recording Location Notice	511

Size of Placer Claim	512

Time within Which Location Must Be Made after Discovery	513

Annual Labor and Assessment Work 513 8	514

Proof of Assessment Work	515

Relocation of Claim after Forfeiture	516

Mineral Entries within Forest Reserves	517

Tunnel Claim	518

Lode and Placer Claims in the Same Ground	519

Mill Sites	520

Liens on Mining Claims	521

Mining Deeds	531

ExtraLateral Right or Right to Pursue the Vein	537

Water and Water Rights 549574	549

Water Rights on Public Land	553

Water Companies	570

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Business Law for Business Men: A Reference Book Showing the Laws of ...
Anthony Jennings Bledsoe
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Common terms and phrases

agent's authority agreed agreement Alameda County Amador County amount assignment auction binding Board boarding-house bound broker buyer California Reports certificate Civil Code Civil Procedure claim Code of Civil Colusa County community property consent consignee consignor contract contractor corporation County Court of California creditor damages decision is printed deed deliver delivery deposit Diam Directors Dollars employee employment entitled executed filed fire holder indorsement intended interest land law of California lease lessee lessor liable lien loss Mendocino County ment mining mortgage Notary Notary Public owner paid partner partnership party payable payment performed personal property possession premises principal printed in Volume promissory note purchaser quitclaim deed real estate agent real property reasonable receipt received recorded rent Section seller sold Statutes stockholder Supreme Court thereof thing third person tion tract transaction valid vendee vendor warehouseman warranty writing

Popular passages

Page 533 - States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and of all veins, lodes and ledges throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations.‎

Appears in 410 books from 1813-2007

Page 434 - When any testator omits to provide in his will for any of his children, or for the issue of any deceased child...‎

Appears in 198 books from 1851-2002

Page 426 - ... all the real property of the judgment debtor not exempt from execution in such county, owned by him at the time, or which he may afterward, and before the lien expires, acquire.‎

Appears in 217 books from 1853-1994

Page 430 - A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be witnessed.‎

Appears in 207 books from 1851-2002

Page 528 - Witnesseth, that the said party of the first part, for and in consideration of the sum of dollars, lawful money of the United States of America, to him in hand paid by the said party of the second part...‎

Appears in 548 books from 1814-2006

Page 155 - No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity until after full compliance by the insured with all the foregoing requirements, nor unless commenced within twelve months next after the fire.‎

Appears in 499 books from 1776-2007

Page 83 - ... together with all and singular the tenements, hereditaments, and appurtenances, thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest.‎

Appears in 641 books from 1777-2006

Page 394 - ... recorded in the office of the county recorder of the county where the property is situated.‎

Appears in 109 books from 1872-2006

Page 504 - ... no location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.‎

Appears in 267 books from 1867-2007

Page 435 - ... the testator, such issue shall take the estate so given by the will, in the same manner...‎

Appears in 180 books from 1830-1999

Bibliographic information

Title	Business Law for Business Men: A Reference Book Showing the Laws of California for Daily Use in Business Affairs
Author	Anthony Jennings Bledsoe
Edition	3
Publisher	authorby R.S. Kitchener, 1904
Length	542 pages

Export Citation	BiBTeX EndNote RefMan

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