Review of Cases on Agency, Equity, and Statutory ConstructionUniversity of California. May, 1916 - 5 pages |
Common terms and phrases
19 Colo 60 Ill App ABE COHN BIBLIOGRAPHY Act of Congress Affirming 60 Ill allegation Arborgast Baker Ice Machine bankruptcy Baungartl Bennett boundaries California Civil Code Civil Code Sec Coleman Colo 38 Colo App 253 court customers Dant decision defendant divorce Dolan Earp Empire Steam Laundry employee filing Fort Mason Frach Gleason Grand Union Tea Grisar Hall 106 Mass Harrod held Hertz Hinckley Holridge Hubbard injunction John Ch jurisdictions Kaiser Kenner L.Ed lands to San Lapsley LIEN HOLDER Liwitsky Lozier McClatchie 1869 McGovern 65 Mexican military reservation Millan N.E. 211 Affirming NECESSITY OF PROOF Nelson Palmer Patterson 1890 Peerless Pattern Phelan Pictorial Review plaintiff principal procuring cause pueblo residence rule Salzburn San Francisco Saum Schmidt 55 Scott Shepman Smith supra Smythel soliciting statute of frauds Stewart Sussdorff TRADE SECRETS TRUSTEE AS LIEN Turner Vighten Welch York Mfg
Popular passages
Page 14 - The following contracts are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged, or by his agent: 1. An agreement that by its terms is not to be performed within a year from the making thereof; 2.
Page 9 - ... as to all property in the custody or coming into the custody of the bankruptcy court, shall be deemed vested with all the rights, remedies, and powers of a creditor holding a lien by legal or equitable proceedings...
Page 14 - FRAUDS. — The object of the statute of frauds embodied in section 1624 of the Civil Code, requiring a written agreement authorizing or employing an agent or broker to purchase or sell real estate for compensation or upon commission to be signed by the party to be charged, is only to protect owners of real estate against unfounded claims of brokers; and that statute has no application to an agreement between brokers to divide commissions received for the sale or purchase of real estate. APPEAL from...
Page 1 - The jury are instructed that, where several brokers are openly employed to effect the sale of the same property, the entire duty of the seller is performed by remaining neutral between them, and he has the right to make the sale to a buyer produced by either or any of them without being called upon to decide between these agents as to which of them was the primary cause of the purchase.
Page 9 - Is it the date of the trustee's appointment, the filing of the petition in bankruptcy, or some time anterior to both ? When not otherwise specially provided, the rights, remedies, and powers of the trustee are determined with reference to the conditions existing when the petition is filed.
Page 16 - ... is within the statute of frauds and must be in writing. If...
Page 9 - Nugent, supra, in effect an attachment, and a seizure and sequestration of the property of the bankrupt for the benefit of his creditors, the fact remains that possession of the mortgaged property was taken by the mortgagee prior to the filing of the petition in bankruptcy, so that the case is not otherwise than that of possession taken before execution upon a judgment in favor of a creditor.
Page 9 - US (L. ed.) 782, the Supreme Court held these decisions to be unsound, and ruled that the trustee simply stood in the shoes of the bankrupt, and took the property subject to every claim that could have been urged against him. The amendment of 1910 was passed for the purpose of reinstating the rule as declared by the Circuit Courts of Appeal.
Page 7 - Stat. 4, c. 13), and by the decree of the land commission of the United States Circuit Court confirming the pueblo grant from the Mexican government to San Francisco. Cohas v.
Page 7 - States did not suspend nor terminate any right of San Francisco in such lands and if any interest passed to the United States, it was later conveyed to the city Ъу the Aot of Congress.