Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, Volumen5

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Bobbs-Merrill Company, 1913

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Fraud duress and undue influence
13
Incomplete instrument
14
Agency in establishing relation
16
Construction of the contract
17
Forged and unauthorized signatures
18
Change of relation
19
CHAPTER CXV
21
Discharge of surety of a lease
24
Discharge by destruction of subjectmatter
25
Discharge by change as to principal
26
Discharge by death of principal
27
Discharge by death of guarantor or surety
28
Termination of liability by notice
29
Discharge by diversion of instrument 3961 Discharge by or after judgment
31
Discharge by change in obligation of principal
32
Discharge by change in duties of office or employment 3964 Discharge by change in provisions of contract 3965 Discharge by change in building c...
34
Discharge by alteration of instrument
36
Discharge by change in parties to obligation secured
37
Discharge by extension of time for payment
38
Discharge by extending time of payment or performance 3970 Discharge by taking additional or substituted security
41
Discharge by judgment and execution against principal 3972 Discharge by payment or satisfaction by principal
43
Discharge by payment by surety or third person
44
Discharge by relinquishment or loss of funds or securities
45
Discharge by misapplication of funds or securities by creditor
46
Discharge by nonperformance of conditions 3977 Discharge by neglect to give surety notice of default PAGE 30 31 31 32 33 34 34 36 37 38 39 41...
47
Discharge by release of cosurety 3979 Discharge by premature payments to contractors 48
48
Rights of surety as to creditor
49
Rights of surety as to principal
50
Rights of surety as to principal after payment
51
Rights of surety as to cosureties 49 50 51
52
Rights of surety as to supplemental surety
53
Rights of creditor or obligee
55
Rights of creditor or obligeeEffect of delay
56
Duty of creditor as to notice
57
Suretys liability limited to terms of contract 3989 Rights and liabilities of sureties on negotiable instruments
58
Suretyship by surety companies 5558 55 56 57 58 58
60
TITLE NINE INDEMNITY CONTRACTS CHAPTER CXVI
62
6 6 8 8 8 8
63
65
65
Indemnity to bail or surety in criminal case 4005 Indemnity contracts not generally for benefit of third persons
69
Indemnity against liensLabor and materials
70
Indemnity against negligence
71
Contract to indemnify officer of corporation for indorsing its notes
72
Indemnity mortgages
73
Performance or fulfilment of contract
74
Effect of judgment against indemnities 74 4011 Breach of contractRecoveryMeasure of damages 74
77
TITLE TEN INSURANCE CHAPTER CXVII
78
Indemnity in accident insurance
96
Subrogation 4036 Loss caused by negligence
97
Form of the contract
98
Statutory formConditions implied in an oral contract
99
Statute of frauds
100
78
101
Revenue stamps
102
Kinds of policies
103
Completion of contractDelivery of the policy
104
Countersigning by agent
106
CHAPTER CXVIII
108
Nature of insurable interest
109
79
110
80
111
Nature of interest
112
Illustrations
113
CHAPTER CXIX
119
English statuteNot in force in this country
120
Cases regarding life insurance as indemnity and requiring pe cuniary interest
121
The modern rulePecuniary interest not required
122
84
123
Mere form disregarded
125
87
126
Interest of beneficiary designated by insured
127
Interest of the assignee
128
89
131
Interest based upon relationship
132
Illustrations of insurable interest in life
134
Right of assignee without interest to recover premiums paid
138
92
139
93
140
CHAPTER CXX
142
SECTION PAGE 4087 ConcealmentDefinition
143
Modern rule in the United States
144
What must be communicated
145
Where specific inquiries are made
146
Where no written application is made
147
Incomplete answers to inquiries
148
Answers calculated to misleadIrresponsive answers
149
Time of concealment
150
Concealment through inadvertence or negligence
151
Concealment or misrepresentation by agent
152
CHAPTER CXXI
155
Affirmative and promissory warranties
157
Effect of breach of warranty
158
94
159
95
160
96
161
Oral representations
162
MistakeGoodfaith answer
163
97
164
Effect of minors false answer and warranty
165
98
166
Oral promissory representations
167
Effect of misrepresentation
169
Test of materiality
170
MaterialityOpinion of experts
171
Statutory provisions
173
Similar provisions in other states
175
Controlling force of such statutes
176
CHAPTER CXXII
177
99
178
Obligation to pay premium
179
100
180
SECTION PAGE 4134 Manner time and place of payment
181
The giving of a promissory note
184
Payment after loss or death
186
Paidup policies
187
Notice of time when premium is due
188
Right to recover premiums paid
190
Dues and assessments
192
Liability to assessment
193
Withdrawal of member
194
Death during period of suspension
195
WaiverEstoppel
196
CHAPTER CXXIII
198
Statutory provisions relating to insurance agents
199
Construction of such statutes
200
Character of the agency
201
Various special agents
202
Liability of company for unreasonable delay of soliciting agent in forwarding application
204
Insurance brokers
205
Powers of agents
207
Restrictions in application or policy
208
Limitations on authority
209
Limitations contained in applicationPreparation of application
211
Provisions restricting power of officers and general agent
213
Notice
214
Notice of loss to local agent
216
Rights and liabilities of agent
217
Statutes affecting agents and compensation
218
CHAPTER CXXIV
220
Basis of waiver
221
Effect of mere silence
222
Waiver of certain defenses
223
Power of agent to waive
224
Prepayment of premium
226
Estoppel by act of agent
227
Facts known to company when policy issued
229
Oral testimony to show actual statements
233
Bad faithCollusion between applicant and agent
234
CHAPTER CXXV
236
The New York standard
237
The binding clause
238
Effect of a breach of condition
241
First clause of standard policy
242
First clauseParties
243
The premium
244
Term of insurance
245
The amount
246
Goods held in trust
247
May cover shifting stock
248
Ambiguous descriptionsReformation
249
Presumption as to nature of business
251
Description of merchandiseWhat included in the description
252
Description of buildings
256
Location of propertyIn general
259
Location of materialWhen change does not prevent recovery
260
LocationMaterialityRemovalIllustrations
263
Risks insured against
266
Proximate causeElectric wires
270
AgencyAuthorization
272
Application and surveyApplication a part of the policy
273
Misconduct of insured in procuring policyEntirety of contract
274
Concealment and misrepresentation
277
Fraud and false swearing
278
Excluded risksInvasion riot etc
280
Excluded risksTheft
283
Excluded risksNeglect to protect property
284
Lightning
286
Fall of building
287
EarthquakeCity ordinance preventing repair
289
Plate glass frescoes and decorations
291
CHAPTER CXXVI
292
DefinitionDifferent interests
294
Whether valid or invalid
296
Where the words valid or invalid do not appear
297
Consent of the companyWaiver
299
Policy covering part of the property
301
Operation of manufacturing establishment
302
Running over hours
305
Increase of risk
306
Changes in adjoining property
309
Effect of increase of hazard
310
RepairsEmployment of mechanics
312
Ownership
314
Encumbrances
317
Illustrations
319
Illustrations of breach of condition
322
Building on leased ground
324
Encumbrance by chattel mortgage
326
Foreclosure proceedings
328
Generation of illuminating gas
331
Transfer of part interest
333
Executory contract of sale
334
Mortgages on premises
335
Defeasible conveyances
337
Invalid conveyances or encumbrances
338
Conveyance to the wife or insured
339
Transfers between joint owners
341
Legal process or judgment
342
By judgment 243
343
By partition
344
Transfer by death
345
SECTION PAGE 4275 Change of possession
346
Lease of the property
347
Use of propertyProhibited articles
351
Prohibited articles
355
VacancyIn general
357
Construction
358
Vacant and unoccupied not synonymous
359
Construction when applied to dwellinghouse
360
BuildingContentsVacancy
362
Building in process of construction
364
Authorized change of location
365
Renewal of contractIn general
366
Illustrations
369
Reformation of the policy
370
Cancelation of policyIn general
371
Authority of agent to cancel
373
Return of premium
375
What amounts to a cancelation
376
WaiverLimitations upon power to waive
378
CHAPTER CXXVII
381
Immediate notice
384
Separation of goods forthwith
386
Who may make proofExcuses for failure to furnish proofs
387
When a condition precedent
389
What is compliance with this provision
390
Certificate of magistrate
391
Plans and specifications
392
Waiver
393
To whom notice must be given
396
Exhibition of property and recordsExamination of party
397
False swearing
399
The iron safe clause
400
Arbitration of the amount of lossDisagreement
403
Validity of provision
405
Where there is a total loss
406
Demand for arbitration
407
Condition precedent
410
Failure of arbitration through fault of party
413
Invalidity of the award
414
Waiver
418
Second arbitrationResubmission
420
Demand for arbitration as admission of liability
422
Right of mortgagee
423
Time within which loss is payable
427
Time of bringing suitGenerally
429
Time when limitation begins to run
431
CHAPTER CXXVIII
433
Meaning of total loss
435
Total loss to frame building within fire limits
438
Prorating loss with other insurers
439
Subrogation
441
4341 Reinsurance
444
Conditions affecting mortgagees
445
Special provisions
446
Other provisionsConstruction of termsIndorsement
448
CHAPTER CXXIX
450
The beneficiaryManner of designationRight to fund
451
Transmission of interest of beneficiary
455
Rights of beneficiary
457
Reservation of a right to change beneficiary
459
Manner of changing beneficiary
462
Right to proceedsBankruptcy
464
Payment of premium a condition precedent
465
Time when premium is dueConstruction by agentEstoppel
469
Powers of agent
471
Statement of age
472
Notice to company
474
Manner of making assignment
477
Assignment of policy by assignee
479
SECTION PAGE 4367 Special privileges
481
SuicideSane or insane
482
Where there is no provision as to the effect of suicide
484
SuicideConstruction
485
PresumptionBurden of proof
487
Residence and occupation
488
Death in violation of law or at the hands of justice
489
Habits
491
Health and freedom from disease
493
Bodily injuries
496
Medical attendance
497
Family relationship
498
Other insurance
499
Rejection of former application
500
Proof of death
502
CHAPTER CXXX
503
Construction of policyExternal violent or accidental
504
Risks of travel
507
Occupation or employment
509
External signs
511
Voluntary exposure to unnecessary dangers
512
KnowledgeDistinction between voluntary act and voluntary ex posure
515
Bodily infirmity or disease
516
Injuries intentionally inflicted by others
517
Injuries received while engaged in violation of law
519
Injuries received while intoxicated
522
Sick benefits
524
ConstructionEffect of existing judicial decisions
525
CHAPTER CXXXI
526
Legal liabilityCosts
527
Injuries while engaged in designated business
528
Violation of statute by insured
530
SECTION PAGE 4409 When liability accrues
531
Effect of judgment against insured
532
Notice of injury or claim
533
Fidelity insuranceIn general
534
Time and duties or acts covered
536
Manner of proof of default
537
Constructive notice
539
Warranties and misrepresentations
541
Construction of policyAmount of recovery
543
Identity of the insuredPartnership
546
Insurance of titlesConstruction
547
CHAPTER CXXXII
550
Description of insuredInterest covered by policy
551
Insurable interestLost or not lost
552
Beginning of the riskVoyage from or at and from
553
Termination of the risk
555
Subjects of marine insuranceIn general
556
Cargo goods or merchandise
557
Goods carried on deck
558
Freight
559
Passage money
560
Profits and commission
561
Bottomry and respondentia
562
Implied warrantiesSeaworthinessDefinition
563
Implied warranty in a sea voyage policy
565
Time policiesEnglish rule
567
Different stages of the voyage
568
Seaworthiness a relative matter
569
Time of seaworthinessContinuing warranty
570
Knowledge and intent of insured
571
Exclusion by the terms of the policy
573
PresumptionBurden of proof
574
Implied warrantiesDeviationDefinition
575
Order of visiting ports
576
As affected by usage
578
Delay
579
Effect of deviationIncrease of risk
588
Implied warrantiesIllegalityGeneral statement
589
NeutralityContrabandBlockade
590
Violation of revenue laws and foreign statutes
591
Proper documents
592
CHAPTER CXXXIII
594
Foundering at sea
595
Stranding
596
Collision
597
Shipwreck
599
Loss by fire
600
Loss by thieves
601
Capture and seizureTaking at sea
602
Arrest RestraintDetention
603
Barratry
606
All other perils losses and misfortunes etc
609
Proximate cause of loss
610
NegligenceMisconduct
612
The sue and labor clause
614
CHAPTER CXXXIV
620
SECTION PAGE 4497 Constructive total lossIn general
621
Entire or severable contract
625
AbandonmentDefinition
626
Right to abandon
627
Test of the right to abandon
628
Apprehension of peril
629
Sale by master
630
Goods separately valued
631
NoticeManner and character of
632
Basis of valuation for total loss
633
Acceptance of abandonment
634
Effect of abandonment
636
The master as the agent of the underwriters
638
Time when right determinedErroneous information
640
General average and adjustment of loss
641
Adjustment of losses
642
TITLE ELEVEN LEASES CHAPTER CXXXV
644
Distinguished from license
645
Formal parts
647
Reservation and exceptions
648
Consideration
649
Duration of term
650
Description of premises
651
Construction
652
Reformation
654
ExecutionAcknowledging and witnessing
656
Right of husband to lease wifes real estate
661
PartiesGuardians
662
PartiesPower of trustees
663
PartiesInfants as lessors and lessees
664
PartiesExecutors and administrators
665
Illegal leases
666
Leases obtained by fraud
667
Collateral parol agreement 664 665 666 667
668
Agreement to lease
669
Statute of frauds ៩៩ 669
670
CHAPTER CXXXVI
672
Covenants for renewalValidity
676
Covenants for quiet enjoymentWhen implied
677
Covenants for quiet enjoymentWhat amounts to breach
678
Covenants in regard to buildings and improvements
679
Covenants restricting use of premises
680
Covenants as to sale of premises 4564 Covenants for insurance 674 676 677 678 679 680 682
682
Covenants for repairs 4566 Covenant to pay taxes 683
684
CHAPTER CXXXVII
686
AssignmentRights and liabilities of lessor and lessee
690
AssignmentRights and liabilities of assignee
691
AssignmentConditions against assignment and subletting
692
CHAPTER CXXXVIII
694
SECTION PAGE 4582 Tenancy at willTermination of
696
Tenancy from year to yearGenerally
698
Tenancy from year to yearCreated by reservation of rent
699
Tenancy from year to yearCreated by holding over
700
Tenancy from month to month
701
Tenancy at sufferance
703
TITLE TWELVE MORTGAGES OF REAL PROPERTY CHAPTER CXXXIX
704
Nature of early English mortgages
705
Mortgages at law and in equity
706
DefinitionMortgages distinguished from other transactions
707
Mortgages distinguished from conditional sales
709
686
710
687
713
Rights of the parties under a mortgage and under a conditional sale
715
CHAPTER CXL
716
Form of conveyanceIn general
717
Description of parties
718
688
719
Description of debtsIn general
722
Description of note
723
Specification of the amount of the debt
725
Determination of amount of debtConstruction
727
Increasing amount of debt
728
Habendum
730
SECTION PAGE 4625 Defeasance
731
CovenantsIn general
733
Covenants for payment of debt
734
Interest
735
Insurance
736
Execution
737
Date
739
Delivery and acceptance
740
Alteration of mortgage
742
Reformation
744
Construction
745
Mortgages to secure future advances 7 46
746
Mortgages to secure future advancesEffect of record
749
Mortgages to secure future advancesPriority
751
Limitation of amount of future advances
752
Mortgage of indemnity
754
Mortgages for support
756
B Absolute Deed as Mortgage 4647 In general
758
Deed and defeasanceTime of execution
762
Cancelation of defeasance
764
Absolute deed as mortgage or conditional saleFacts considered
765
Existence of debt
770
Extinguishment of debt
773
Contract for loan
775
Adequacy or inadequacy of price
776
4655 Evidence
777
Waiver of right of redemption
783
690
785
Equitable Mortgages 4657 Definition
786
By agreements
787
Informal mortgages
789
By assignment of contracts of purchase
790
By deposit of title deeds
793
Parties 4662 PartiesIn general
794
Executors administrators and guardians
795
Insane persons
796
Infants
797
4666 Married womenIn general
799
SECTION PAGE 4667 Married womenMortgage to secure husbands debts
800
Married womenMortgages under statutes
804
Partners
805
Corporations
808
Power to mortgage
810
Who may take a mortgage
812
Joint mortgagees
813
E ConsiderationVoid and Usurious Mortgages 4674 In general
814
Failure of consideration
816
Illegal consideration
817
Mortgage obtained by fraud
819
Mortgage obtained by duress
820
Mortgage fraudulent as to creditors
821
Usury
823
Commissions
824
Proof and defense of usury
825
Compound interest
827
691
828
Vested contingent and future interests
829
Interest conveyed
830
Buildings
831
Rule for determining whether fixtures are covered by mortgage
833
Effect of chattel mortgage in determining whether fixtures covered
838
Accessions to mortgaged property
840
Products of the soil
841
Afteracquired property
842
CHAPTER CXLI
846
Liability of equity of redemption to attachment and execution
848
Right to possession
849
Rights to rents and profits
851
Remedies against mortgagee
853
Right to convey equity of redemption
854
Afteracquired title and improvements
855
Waste by mortgagor
857
SECTION PAGE 4709 Right to emblements
859
Right to redeem
860
B Mortgagees Rights and Liabilities 4711 In general
861
Nature of mortgagees interest
862
Right to possession
863
Accounting
865
Foreclosure
866
Rights and Liabilities of Purchaser 4716 Purchase subject to mortgage
867
Assumption of mortgage by purchaser
869
Personal liability of purchaser
871
CHAPTER CXLII
874
What constitutes an assignment
875
Delivery
881
Effect of assignment
882
Who may make an assignment
883
Right to compel assignment by a mortgagee
884
Notice of assignment
885
Mortgage of indemnity
886
Equitable assignments
887
692
888
TITLE THIRTEEN CHATTEL MORTGAGES CHAPTER CXLIII
892
Distinguished from pledge
893
Distinguished from conditional sale
895
Conditional transfer of title essential
898
Statement of conditions and defeasance
900
Bill of sale with separate defeasance
901
Verbal mortgagesNecessity for writing
903
1
904
CHAPTER CXLIV
906
Affidavit
907
Alteration and filling in blanks
908
Statutory forms
909
Mortgage of insane person
910
Married woman as mortgagor
911
Husbands mortgage of wifes property
912
Husband mortgaging property to wife
913
Mortgage of community property
914
Mortgage of corporation property
916
Mortgage executed by agent
918
Description of property in general
919
Description of live stock
921
Stating location and ownership
922
Crops to be raised by mortgagor
923
Specifying number of articles out of larger number
925
Excepting articles included in description
926
Defective description cured by subsequent actual delivery
927
Good will
929
Substitution of other property
930
General clause after particular description
931
Construction
933
CHAPTER CXLV
934
Legality and validity of consideration
935
Preexisting debt as consideration
936
Contingent liability as consideration
938
Mortgage to secure debt of third person
939
Description of debt
940
Description of note secured
941
Mortgage to secure future advances
942
Mortgage containing insurance clause
944
Time of payment of consideration
945
Seal not necessary
946
Delivery in general
947
Delivery and acceptance necessary
949
Acceptance by agent
950
Recording and filing in general
951
Effect of recording or filing
952
Requisites of valid filing and recording
955
Place of filing
956
Time of filing or recording
958
Refiling instrument
960
Law of the place of contract
962
CHAPTER CXLVI
965
Right of possession under insecurity clause
969
Mortgagors right to sell the property
971
Mortgagors power to create liens on the mortgaged property
974
Rights of subsequent purchasers
975
Rights of subsequent mortgages
977
Rights of assignees
979
Rights of mortgagee after forfeiture
981
Right of redemption
983
Liability of mortgagors interest to attachment and execution
987
Liability of mortgagees interest to attachment or execution
989
CHAPTER CXLVII
991
What present interest subject to mortgage
992
694
994
SECTION PAGE 4865 Mortgages of fixturesIn general
995
Mortgages of machinery
998
Mortgages of future personal property
999
Delivery and possession of mortgaged chattels
1001
TITLE FOURTEEN PARTNERSHIP CHAPTER CXLVIII
1004
Firm name not essential
1009
Firm nameChoice display failure to choose
1010
Use of firm name
1013
CHAPTER CXLIX
1017
Interest of partner in firm property
1022
Proportionate shares of partners
1027
Conversion of realty into personalty
1028
CHAPTER CL
1032
Acts impinging on requirement of good faith
1037
Exclusion of partner from management of business
1044
InterestIn general
1045
InterestOn capital
1046
InterestOn advances
1048
InterestOn balance
1049
Contribution
1050
ContributionRight of partner to salary
1053
Partners lien
1059
CHAPTER CLI
1066
Particular kinds of contractsNegotiable paper
1074
Particular kinds of contractsMortgages
1080
Particular kinds of contractsEmployment
1086
Creditors of partnership
1093
Ratification
1100
Estoppel
1106
By decree
1116
Surviving partner
1125
Liability of partners on contracts
1131
TITLE FIFTEEN SALES CHAPTER CLIV
1136
Essential elements
1137
Sale distinguished from other things
1138
Making the contractOffer and acceptance
1140
Subject of sale
1142
Subject of saleWhere it has been destroyed or ceased to exist 1146
1146
The price
1147
CHAPTER CLV
1149
When stipulation is of the essence
1150
Severable and entire contracts
1151
Waiver of condition by buyer
1152
Express conditions and warranty
1153
Evidence of oral condition or warranty not admissible when con tract is written
1154
Known or obvious defects
1155
Implied conditions and warrantiesTitle
1156
When there is no implied warranty as to title
1157
Sale of goods by descriptionImplied condition or warranty
1158
Implied warranty or condition as to quality or fitnessCaveat emp tor
1159
Implied conditions or warranties in sale by sample
1162
When implied warranty is negatived by express warranty
1163
Transfer of titleSpecific goodsIntention
1167
Seller may reserve right of disposalTitle does not pass until con
1173
CHAPTER CLVII
1179
Where seller has voidable title
1185
Delivery and payment concurrent conditions
1192
SECTION PAGE 5047 Incomplete deliverySmaller quantity than agreed
1196
Incomplete deliveryNew York doctrine
1197
Delivery of excessive quantity
1198
Delivery of goods mixed with others
1199
Rules of construction when quantity is not definitely stated
1200
Delivery to carrier for buyerRisk of deterioration
1202
Place of inspection
1203
Waiver of right of inspection
1204
AcceptanceWhen buyer is deemed to have accepted
1205
CHAPTER CLIX
1208
Who is an unpaid seller
1209
Lien of unpaid seller
1210
Unpaid sellers lien after part delivery
1211
No lien where goods are in public place or already in possession of buyer
1212
Waiver of lien
1213
Right of stoppage in transituGeneral rule
1214
When goods are in course of transitGeneral rule
1215
When transit is ended
1216
Broken transit
1217
How right of stoppage may be exercised
1218
Manner of resale
1220
Rescission by unpaid seller
1221
Effect of buyers sale of goods subject to lien or right of stoppage Negotiation of document of title
1223
CHAPTER CLX
1225
Sellers action for price where title has passed
1227
SECTION PAGE 5092 Recovery of price where title has not passed
1228
Sellers action for price where it is payable on a day certain
1229
Measure of damage in action for nonacceptance
1230
Rule where buyer repudiates contract and notifies seller to go no furtherAnticipatory breach
1231
CHAPTER CLXI
1234
Where title has not passedAction for failing to deliver
1235
Measure of damagesDifference between contractprice and mar ketvalue
1237
Agreement for specific remedy
1239
Measure of damages for breach of warranty
1240
Measure of damages for breach of warranty of quality
1241
Rescission by buyerPlacing seller in statu quo
1242
Buyers damages on rescissionRecovery of purchaseprice paid
1244
Interest and special damages
1246
Special damages
1247
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Commentaries on the Law of Contracts: Being a Consideration of the ..., Volumen5
William Frederick Elliott
Vista completa - 1913

Términos y frases comunes

Admr affd agent agreement American American Surety Co amount application assignment Assn Assur authority Bank barratry beneficiary bond breach building clause condition Conn Connecticut Mut contract of insurance court covenant creditor damage death debt default Discharge effect Equitable fact Fidelity &c Fidelity Mut Fire & Marine fraud guarantor guaranty Hanover Fire held indemnity indorsed insurable interest insurance company Iowa Kans lease lessee liability Maine ment Minn mortgage Mutual Nebr North Dakota Northwestern Nat notice Ohio St owner parties payment Penn Mut person Phoenix premises premium principal Provident Sav provision risk rule ship standard policies statute statute of frauds Supreme surance surety suretyship tenant Tenn tion underwriter Union Union Mut unless valid void waived warranty

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Página 447 - ... title or ownership of the property, nor by the occupation of the premises for purposes more hazardous than are permitted by this policy; provided, that-in case the .mortgagor or owner...‎
Aparece en 416 libros desde 1830-2004
Página 324 - ... if the interest of the insured be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple...‎
Aparece en 439 libros desde 1830-2001
Página 379 - ... no officer, agent, or representative shall have such power or be deemed or held to have waived such provisions or conditions unless such waiver, if any, shall be written upon or attached hereto, nor shall any privilege or permission affecting the insurance under this Policy exist or be claimed by the insured unless so written or attached.‎
Aparece en 411 libros desde 1852-1999
Página 280 - This company shall not be liable for loss caused directly or indirectly by invasion, insurrection, riot, civil war or commotion, or military or usurped power, or by order of any civil authority...‎
Aparece en 373 libros desde 1852-2006
Página 594 - ... takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...‎
Aparece en 491 libros desde 1753-2008
Página 335 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...‎
Aparece en 259 libros desde 1830-2003
Página 441 - If this company shall claim that the fire was caused by the act or neglect of any person or corporation, private or municipal, this company shall, on payment of the loss, be subrogated to the extent of such payment to all right of recovery by the insured for the loss resulting therefrom, and such right shall be assigned to this company by the insured on receiving such payment.‎
Aparece en 148 libros desde 1816-1993
Página 411 - 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.‎
Aparece en 524 libros desde 1776-2007
Página 445 - If, with the consent of this company, an interest under this policy shall exist in favor of a mortgagee or of any person or corporation having an interest in the subject of insurance other than the interest of the insured as described herein, the conditions hereinbefore contained shall apply in the manner expressed in such provisions and conditions of insurance relating to such interest as shall be written upon, attached or appended hereto.‎
Aparece en 167 libros desde 1852-2003
Página 603 - ... arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever, barratry of the master and mariners, and of all other perils, losses, and misfortunes, that have or shall come to the hurt, detriment, or damage of the said goods and merchandises, and ship, &c., or any part thereof.‎
Aparece en 394 libros desde 1787-2008

Información bibliográfica

TítuloCommentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, Volumen5
Commentaries on the Law of Contracts: Being a Consideration of the Nature and General Principles of the Law of Contracts and Their Application in Various Special Relations, William Frederick Elliott
AutorWilliam Frederick Elliott
EditorBobbs-Merrill Company, 1913
  
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