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actual adopted agent altered appear apply arising authority California certainty chapter clause Code of N. Y. common law doctrines common law rule complete concerning connection consent consistent constitute construction contained contracts course courts decisions defects defined definitions demand described determining devises distinction doctrines and rules doubt duties effect enacted English entire equity examples existing express extent fact familiar followed fraud give given holding husband and wife illustrations implied important instances intent judges judicial interpretation jurisprudence language lawyer legislation legislature less liabilities living manner marriage matter meaning meaning and effect mentioned method mode necessary never particular parties person phrase phraseology possible practical pre-existing present principle Proposed Civil Code provisions reason reference relations require result seems settled single statement statute statutory subdivisions tion true uncertainty whole writers York
Sida 27 - One who gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act, is, unless he has some other and better right thereto, an involuntary trustee of the thing gained, for the benefit of the person who would otherwise have had it.
Sida 37 - A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified, or where an oral authorization would suffice, by accepting or retaining the benefit of the act, with notice thereof.
Sida 57 - One who has allowed another to assume the apparent ownership of property for the purpose of making any transfer of it, cannot set up his own title, to defeat a pledge of the property, made by the other, to a pledgee who received the property in good faith, in the ordinary course of business, and for value.
Sida 14 - When a divorce is granted for fhe adultery of the wife, the legitimacy of children begotten of her before the commission of the adultery is not affected; but the legitimacy of other children of the wife may be determined by the court, upon the evidence in the case.
Sida 19 - Any one permitting himself to be represented as a partner, general or special, is liable, as such, to third persons to whom such representation is communicated, and who, on the faith thereof, give credit to the partnership.
Sida 18 - Every one who by words spoken or written or by conduct represents himself, or who knowingly suffers himself to be represented, as a partner in a particular firm, is liable as a partner to any one who has on the faith of any such representation given credit to the firm, whether the representation has or has not been made or communicated to the person so giving credit by or with the knowledge of the apparent partner making the representation or suffering it to be made.
Sida 12 - ... duly executed at least thirty days before the decease of the testator; and if so made, at least thirty days prior to such death, such devise or legacy, and each of them, shall be valid; provided, that no such devises or bequests shall collectively exceed one third of the estate of the testator leaving legal heirs...
Sida 24 - Actual authority is such as a principal intentionally confers upon the agent, or intentionally, or by want of ordinary care, allows the agent to believe himself to possess.