A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Volume 1

William Wait

W. Gould & Son, 1877

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Selected pages

Title Page

Table of Contents

Index

Of actions and defenses In which they are considered gener	1

Of some of the principal distinctions between legal actions	12

Part I Chap IV Of actions founded upon an accounting Continued PAGE	17

Tries questions of fact by a jury	18

Part I Chap IOf rights and remedies and of the nature of actionsCont	23

The union of legal and of equitable remedies	29

Part I Chap XXIV	30

Is a remedy given by law	35

Assignments	355

What is not assignable	361

Part I Chap XV Assignments Continued PAGE	367

Assumpsit	373

D	375

When the action does not lie	386

Of the pleadings in the action	392

Of the evidence in the action	398

Commonlaw jurisdiction	46

Part I Chap I Of rights and remedies and of the nature of actionsCont PAGE	51

Retainer remitter and lien	64

Part I Chap I Of rights and remedies and of the nature of actions Cort PAGE	67

Part I Chap II General principles of the law etc Continued PAGE	81

Of the consideration of contracts	90

Of the forms of contracts	112

Part I Chap II General principles of the law etc Continued PACE	114

20	127

225	148

Of principles relating to suits in equity	150

Part I Chap II General principles of the law etc Continued PAGE	153

Of actions founded upon or relating to accidents	160

Of actions relating to or founded upon an accounting	173

Of actions relating to accounts or to an account stated	189

Of an action for adultery	199

Advancement	205

Part IOf actions and defenses Continued PAGE	213

Of the liabilities of agents to their principals	249

Part I Chap VIII Agency Continued PAGE Section 2 Accounting by agents	252

Defenses of agents against principals	255

Necessity	256

Agent exceeding his authority	257

Not disclosing agency	258

Agents liability for a foreign principal	259

Of the liability of public agents upon contracts made by him	260

When a public agent is not liable	261

When a public agent is liable upon contracts	262

Liability of government or principal	263

When agent is liable to third persons	264

Agent when not liable for torts	266

Liability of public agents for torts	267

Of the rights of agents in regard to their principals	268

Service before payment	270

Faithful discharge of duty before payment	271

Loss or damage sustained for principal	272

Illegal acts	273

General liens	274

Upon what demands a lien may be had	275

Waiver of lien or of right to it	276

Enforcing lien	277

Rights of agents as to third persons	278

Termination of an agents authority	289

Of the American rule	296

mals	307

Contributory negligence	320

Application of purchasemoney	327

Assets administration	348

Of the damages in the action	404

Of actions and defenses Continued PAGE	410

Attorneys	430

Part I Chap XVIII Attorneys Continued PAGE	444

Privileged communications	468

Part I Chap XVIII AttorneysContinued PAGE	473

Effect of puffing and combinations	482

Actions founded upon auction sale	488

Part I Chap XX Audita Querela Continued PAGE Section 4 Procedure etc	492

Bailments	494

Of the various kinds of bailments	495

What care and diligence is required	496

Of the kinds and degrees of negligence	497

Banks and banking	498

Effect of usage upon the contracts and dealings with banks	499

Bylaws of bank force of	500

Deposits general and special	501

Relation between bank and depositor	502

Repayment of deposits	503

Who may withdraw deposits	504

Checks nature and requisites of	505

Certified checks	507

Paying forged checks	508

Notes payable at a bank	509

Passbooks	510

Certificate of deposit	511

Destroyed mutilated or lost notes	512

Demanding payment of bank bills	513

Mode of payment	514

Collections by banks and bankers	516

Employing second bank	517

Powers and duties of cashier	518

Part IOf actions and defenses Continued PAGE	521

Bills of exchange and promissory notes	534

Negotiability of bills and notes	561

Guaranty of bills and notes	582

Proceedings on nonpayment notice	644

Bill to remove cloud on title	662

Part I Chap XXVII Bills to remove cloud on title Continued PAGE	666

Execution mode of	676

Release and discharge	687

Part I Chap XXVIII Bonds Continued PAGE	694

Boundaries	707

Breach of marriage promise	722

Bridges	729

Part 1 Chap XXXIBridges Continued PAGE	732

662	788

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William Wait
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Common terms and phrases

according action Adams agency agent agree agreement Allen apply arise authority Bank Barb binding bound Brown cause circumstances claim Clark common law consideration construction contract court of equity damages Davis debt defendant duty effect employed enforced entire entitled evidence executed exercise existence express fact founded fraud give given ground Hand held Hill implied injury instances intention Johns Johnson Jones judgment jurisdiction jury justice land liable lien limited loss maintain Mass matter means mode nature necessary object owner particular party payment Penn performance person plaintiff possession practice prevent principal promise proper purchaser question reasonable received recover relation relief remedy render result right of action rule secure Sick Smith specified statute sufficient suit sustained thing tion tort United unless valid Wend White Wilson written wrong

Bibliographic information

Title	A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, Volume 1 A Treatise Upon Some of the General Principles of the Law: Whether of a Legal, Or of an Equitable Nature, Including Their Relations and Application to Actions and Defenses in General, Whether in Courts of Common Law, Or Courts of Equity; and Equally Adapted to Courts Governed by Codes, William Wait Making of modern law
Author	William Wait
Publisher	W. Gould & Son, 1877

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