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sections). , ^ ♦ „„

As to many miscellaneous matters as to trusts and trustees.

see note § 2215, ante.

CHAPTER II.

TRUSTS FOR THE BENEFIT OF THIRD PERSONS.

Article I. Nature and Creation of Trust, §§ 2250-22.^4.

II. Obligations of Trustees, §§2258-2263.

III. Powers of Trustees, §§ 2267-2269.

IV. Rights of Trustees, §§ 2273-2275.

V. Termination of the Trust, §§ 2279-2283.
VI. Succession or Appointment of New Trustees,
§§ 2287-2289.



ARTICLE T.
NATURE AND CREATION OF THE TRUST.
§ 2250. Who are trustees within the scope of this chapter.
§ 2251. Creation of trust.
§ 2252. Trustees appointed by tourt.
§ 2253. Declaration of trust.
§ 2254. Same. [Declarations before acceptance.]

§'.>'2:,o. >vno .VKE tuustees avithin scope ov this

(^lI.VrTEK. The provisions of this chapter apply only to
express trusts, created for the benefit of another than the
truster, and in which the title to the trust property is vested
in the trustee; not including, however, those of executors,
administrators, and guardians, as such.

History: ICnactrd March 21. 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

137 C. 634, 638, 66 P. 369. 70 P. 861 (construed an.l appli-d):

1181



§§ 2251-2253 CIVIL CODE. [Div.III,Pt.IV.

144 C. 121, 125, 77 P. 825 (executors, as such, are not trustees
of express trust); 145 C. 646, 649, 79 P. 358 (special administra-
tors are included in exception of section); 153 C. 245, 250, 94
P. 1047 (what is implied in term "trust").

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

§2251. CREATION OF TRUST. The mutual consent of a
truster aud trustee creates a trust of which the beneficiary
may take advantage at any time prior to its rescission.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.

61 C. 333, 334 (construed and applied); 91 C. 191, 193, 25 A.
S. 171, 27 P. 598 (construed and applied witli other sections):
95 C. 160, 168, 27 P. 160, 30 P. 196 (construed and applied)'; 110
C. 568, 576, 42 P. 1086 (construed and applied); 122 C. 19, 25, 54
P. 370 (construed and applied).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

As to right of beneficiary to afRrm and enforce trust, see
notes 4 John. Ch. (N. Y.) 136, 1 L. ed. 791; 3 John. Ch. (N. Y.)
229, 1 L. ed. 602.

§2252. TRUSTEES APPOINTED BY COURT. When a
trustee is appointed by a court or public officer, as such, such
court or officer is the truster, within the meaning of the last
section.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

91 C. 191, 193, 25 A. S. 171, 27 P. 598, 599 (construed and
applied with other sections); 142 C. 15, 16, 100 A. S. 99, 75
P. 566 (cited).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

§2253. DECLARATION OF TRUST. The nature, extent,
and object of a trust are expressed in the declaration of trust.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. § 2254 and note. •

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

1182



II



Tit.VIII,ch.II,art.II.] OBLIGATIONS. §§ 2254-2259

§2254. SAME. [DECLARATIONS BEFORE ACCEPT-

ANTE.] All declarations of a truster to his trustees, in rela-
tion to the trust, before its acceptance by the trustees, or any
of them, are to be deemed part of the declaration of the trust,
except that when a declaration of trust is made in writing,
all previous declarations by the same truster are merged
therein.

His^tury: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 23 pars, annotation.
As to declaration of trusts, see 1 L. 327; 11 L. 456: 12 L. 667.
As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.



ARTICLE II.

OBLIGATIONS OF TRUSTEES.

§ 2258. Trustees must obey declaration of trust.

§ 2259. Degree of care and diligence in execution of trust.

§ 2260. Duty of trustee as to appointment of successor.

§ 2261. Investment of money by trustee.

§ 2262. Interest, simple or compound, on omission to invest trust

moneys.

§ 2263. Purchase by trustee of claims against trust fund.

§2258. TRUSTEES MIST OIJEY DECLARATION OF

TRUST. A trustee must fulfil the purpose of the trust, as
declared at its creation, and must follow all the directions of
the truster given at thjit time, except as modified by the con-
sent of all parties interested, in the same manner, and to the
same exent, as an employee.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

58 C. 339, 340 (construed and applied): 142 C. l.'>, 1»!, 100 A.
S. 99, 75 P. 566 (cited).

As to many miscellaneous matters as to trusts and trust.'-s.
see note § 2215, ante.

§2259. DEGREE OF (ARE AND DILIGENCE IN EXECU-
TION OF TRUST. A trustee, whether he receives any com-

1183



§§ 2260-2262 CIVIL CODE. [Div.III,Pt.IV.

pensation or not, must use at least ordinary care and dili-
gence in the execution of his trust.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 14 pars, annotation.

50 P. 1072, 1073 (construed and applied).

As to many miscellaneous matters as to trusts and trustees,
see note -3 2215, ante.

As to when trustee is charged with simple or compound
interest, see Kerr's Cyc. C. C. § 2262 and note.

§2260. DUTY OF TRUSTEE AS TO APPOINTMEXT OF

SUCCESSOR. If a trustee procures or assents to his discharge
from his office, before his trust is fully executed, he must use
at least ordinary care and diligence to secure the appointment
of a trustworthy successor before accepting his own final
discharge.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

Succession — As to appointment of new trustee, see Kerr's Cyc.
C. C. § 2287 and note.

§ 2261. INVESTMENT OF MONEY BY TRUSTEE. A trus-
tee must invest money received by him under the trust, as fast
as he collects a sufficient amount, in such manner as to afford
reasonable security and interest for the same.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 13 pars, annotation.

137 C. 634, 638, 66 P. 369, 70 P. 861 (construed and applied
with § 2262).

As to amount of care required in general of trustees in
preservation and protection of trust property, see 95 A. D. 392.

As to investments which trustees may make without being
liable for losses, see 40 A. D. 506-518.

As to latitude allowed trustees in making investments, see
57 A. R. 111-114.

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

§2262. INTEREST, SIMPLE OR COMPOUND, ON OMIS-
SION TO INVEST TRUST MONEYS. If a trustee omits to
invest the trust moneys according to the last section, he must

1184



Tit.VIII,ch.II,art.II.] CLAIM AGAINST FUND. §2263

pay simple interest thereon, if such omission is negligent
merely, and compound interest if it is wilful.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 27 pars, annotation.

120 C. 467, 471, 52 P. 822 (construed and applied with §2239);
124 C. 568, 573, 57 P. 561 (construed and applied); 137 C. 634,
638, 66 P. 369, 70 P. 861 (construed and applied with other sec-
tions).

As to liability to trustees for compound interest, see 29 L.
622-659.

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

§ 2263. PURCHASE BY TRUSTEE OF CLADIS AGAINST
TRUST FUND. A trustee cannot enforce any claim against
the trust property which he purchases after or in con-
templation of his appointment as trustee; but he may be
allowed, by any competent court, to charge to the trust prop-
erty what he has in good faith paid for the claim, upon dis-
charging the same.

HLstory: Enacted March 21, 1872.

See Kerr's Cj'c. C. C. for 3 pars, annotation.

62 C. 373, 376 (construed); 147 C. 725, 732, 82 P. 384 (con-
strued and applied with other sections — constructive trust in
favor of decedent's estate).

As to proliibited transactions by trustee with trust property
for his own benefit, see Kerr's Cyc. C. C. § 2229 note.

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

As to rights of purchaser for valuable consideration witliout
notice, see Kerr's Cyc. C. C. §856 note; also Perry on Trusts,
§ 217.



err's C. C— 38 1185



§§ 2267-2269 CIVIL CODE. [Div.III,Pt.IV.

ARTICLE III.

POWERS OF TRUSTEES.

§ 2267. Trustee's powers as agent.

§ 2268. All must act.

§ 2269. Discretionary powers.

§ 2267. TRUSTEE'S POWEKS AS AGENT. A trustee is a
general agent for the trust property. His authority is such
as is conferred upon him by the declaration of trust and by
this chapter, and none other. His acts, within the scope of
his authority, bind the trust property to the same extent as
the acts of an agent bind his principal.

HLstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 41 pars, annotation.

37 P. 180, 184 (referred to); 139 C. 593, 594, 73 P. 452 (cited);
151 C. 606, 612, 91 P. 518 (construed and applied — this section
refers to trust property alone).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

§ 2268. ALL MUST ACT. Where there are several cotrus-
tees, all must unite in any act to bind the trust pi'operty,
unless the declaration of trust otherwise provides.
History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

As to how far trustees are liable for each otlier, see Kerr's
Cj^c. C. C. § 2239 note.

As to many miscellaneous inatters as to trusts and trustees,
see note § 2215, ante.

As to survivorship between coexecutors and right of survivor
to act, see Kerr's Cyc. C. C. § 22 88 note.

As to when one of several executors may act, see Kerr's Cyc.
C. C. P. § 1355 note.

§2269. DISCEETIOINARY POWERS. A discretionary
power conferred upon a trustee is presumed not to be left to
his arbitrary discretion, but may be controlled by the proper

1186



Tit.VIII,ch.II,art.IV.] INDEMNIFICATION. §§ 2273, 2274

court if not reasonably exercised, unless an absolute discre-
tion is clearly conferred by the declaration of trust.
History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 8 pars, annotation.
133 C. 645, 648, 66 P. 17, 55 L. 216 (construed and applied).
As to discretionary power of trustees, see 13 L. 212, 213.
As to many miscellaneous matters as to trusts and trustees,
sfee note § 2215, ante.

ARTICLE IV.

RIGHTS OF TRUSTEES.

§ 2273. Indemnification of trustee.
I 2274. Compensation of trustee.
§ 2275. Involuntary trustee.

§2273. IXDEMMFICATIOX OF TRUSTEE. A trustee is
entitled to the repayment, out of the trust property, of all
expenses actually and properly incurred by him in the per-
formance of his trust. He is entitled to the repayment of
even unlawful expenditures if they were productive of actual
benefit to the estate.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 24 pars, annotation.

145 C. 646, 649, 79 P. 358 (not applicable to expenses incurred
hy special administrator); 149 C. 1, 16, 84 P. 145, 6 L. N. S.
275 (trustees are entitled when, to expenses, including attor-
neys' fees, in bringing action).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

§2274. C03irE>'S.4.TIO> OF TRUSTEE. Except as pro-
vided in section seventeen hundred of the Code of Civil Pro-
cedure, when a declaration of trust is silent upon the subject
of compensation the trustee is entitled to the same compen-
sation as an executor. If it specifies the amount of his com-
pensation, he is entitled to the amount thus specified and no
more. If it directs that he shall be allowed a compensation,
but does not specify the rate or amount, he is entitled to

1187



§ 2275 CIVIL CODE. [Div.III.Pt.IV.

such compensation as may be reasonable under the circum-
stances. If there are two or more trustees the compensation
shall be apportioned among the trustees according to the
services rendered by them respectively.

History; Enacted March 21, 1872; amended March 19, 1889,
Stats, and Amdts. 1889, p. 334; March 10, 1909, Stats, and Amdts.
1909, p. 252.

See K(i-rr'.s Cyc. C. C. for 13 pars, annotation.

56 C. 628 (construed and applied).

As to compensation for trustees, see 21 A. D. 88; 62 A. D. 210.

As to compensation of trustees, see 17 A. D. 266-274.

As to forfeiture of right to compensation, see 17 A. D. 274.

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

As to rules of compensation in different states, see 17 A.
D. 274.

As to trustee's right to compensation for services and when
same allowed by statute and by law, see 9 Paige Ch. (N. Y.)
398, bk. 4 L. ed. 749.

As to waiver of compensation, see 17 A. D. 274.

§2275. INVOLUNTARY TRUSTEE. An involuntary trus-
tee, who becomes such through his own fault, has none of the
rights mentioned in this article.

History: Enacted March 21, 1872.

As to involuntary trustees, see Kerr's Cyc. C. C. § 2217, 2223,
2224 and notes.

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

As to resulting trusts in favor of party paying purchase
money or consideration, see Kerr's Cyc. C. C. § 853 and note.

Party to whom property conveyed as mere matter of con-
venience not entitled to compensation or to lien upon prem-
ises.— See 102 C. 224, 225, 36 P. 417.



1188



Tit.VIII,ch.II,art.V.] extinguishment. §§ 2279, 2280

ARTICLE V.

TERMINATION OF THE TRUST.

§ 2279. Trust, how extinguished.

§ 2280. Not revocable.

§ 2281. Trustee's office, how vacated.

§ 2282. Trustee, how discharged.

§ 2283. Removal of trustee by court.

§ 2279. TRUST, HOW EXTINGUISHED. A trust is extin-
guished by the entire fulfilment of its object, or by such
object becoming impossible or unlawful.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 36 pars, annotation.

70 C. 326, 331, 11 P. 728, 730 (construed and applied with
other sections); 73 C. 17, 20, 14 P. 377, 378 (construed and
applied with §2282); 84 C. 295, 297, 24 P. 171, 172 (construed
and applied); 113 C. 129, 142, 45 P. 270, 35 L. 269 (construed
and applied with other sections); 124 C. 418, 420, 57 P. 219
(construed and applied with other sections).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

§ 2280. NOT REVOCABLE. A trust cannot be revoked by
the truster after its acceptance, actual or presumed, by the
trustee and beneficiaries, except by the consent of all the
beneficiaries, unless the declaration of trust reserves a power
of revocation to the truster, and in that case the power must
be strictly pursued.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 16 pars, annotation.

70 C. 449, 453, 11 P. 659, 661 (construed and applied); 109
C. 323, 331, 50 A. S. 43, 41 P. 1089 (construed and applied); 113
C. 129*, 142, 45 P. 270, 35 L. 269 (construed and applied with
§2279); 122 C. 19, 26, 54 P. 370 (construed and applied); 56 P.
550, 552 (power of revocation does not prevent vesting of estate
in trustee); 128 C. 1, 9, 60 P. 471 (construed and applied); 60
P. 475 (applied — what trust cannot be revoked by will of
grantor).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

1189



§§ 2281-2283 CIVIL CODE. [Div.III.Pt.IV.

§2281. TRUSTEE'S OFFICE, HOW VACATED. The office
of a trustee is vacated:

1. By his death; or,

2. By his discharge.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.
As to many miscellaneoiis matters as to trusts and trustees,
see note § 2215, ante.

§ 2282. TRUSTEE, HOW DISCHARGED. A trustee can be
discharged from his trust only as follows:

1. By the extinction of the trust;

2. By the completion of his duties under the trust;

3. By such means as may be prescribed by the declaration
of trust;

4. By the consent of the beneficiary, if he have capacity to
contract;

5. By the judgment of a competent tribunal, in a direct pro-
ceeding for that purpose, that he is of unsound mind; or,

6. By the superior court.

History: Enacted March 21, 1872; amended February 15,
1883, Stats, and Amdts. 1883, p. 3.

See Kerr's Cyc. C. C. for 9 pars, annotation.

73 C. 17, 20, 14 P. 377, 378 (construed and applied with § 2279);
132 C. 523, 542, 84 A. S. 70, 60 P. 442, 64 P. 1000 (construed and
applied).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

As to resignation and removal of trustees, see note 11 Paige
Ch. (N. Y.) 5 L. ed. 148.

As to right of trustee to devest himself of trust without con-
sent, see note 11 Paige Ch. (N. Y.) 5 L. ed. 148.

§2283. REMOVAL OF TRUSTEE BY COURT. The supe-
rior court may remove any trustee who has violated or is unfit
to execute the trust, or may accept the resignation of a trustee.

Hi.story: Enacted March 21, 1872; amended April 6, 1880, Code
Amdts. 1880 (C. C. pt.), p. 8.

1190



Tit.VIII,ch.II,art.VI.] VACANCY, SURVIVORSHIP. §§ 2287-2289

See Kerr's Cyc. C. C. for 8 pars, annotation.

103 C. 249, 250, 37 P. 223 (referred to); 111 C. 628, 635, 44 P.
225 (construed and applied with § 2289).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.



ARTICLE VI.

SUCCESSION OR APPOINTMENT OF NEW TRUSTEES.

§ 2287. Vacant trusteeship filled by court.
§ 2288. Survivorship between cotrustees.
§ 2289. Superior court as trustee.

§2287. VACAM TRUSTEESHIP FILLED BY COl KT.

The superior court may appoint a trustee whenever there is
a vacancy, and the declaration of trust does not provide a
practicable method of appointment.

History: Enacted March 21, 1872; amended April 6, 1880,
Code Amdts. 1880 (C. C. pt.), p. S.

See Kerr's Cyc. C. C. for 24 pars, annotation.

70 C S'e 333 11 P. 728, 731 (construed and applied with
other sections); 91 C. 191, 193, 25 A. S. 171, 27 P. 598, 599 (con-
strued and applied).

As to many miscellaneous matters as to trusts and trustees,
see note § 2215, ante.

§2288. SURVIVOlJSmr BETWEEN ( (n RUSTEES. On

the death, renunciation, or discharge of one of several cotrus-
tees the trust survives to the others.

HiMtury: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 6 pars, annotation.

70 C. 326, 333, 11 P. 728. 731 (construed and applied with
other sections); 46 P. 463, 465 (construed and api^lA-^d).

As to many miscellaneous matters as to trustst^o -d trustees,
see n<ote § 2215, ante.

§2289. SlI'ERIOR ( OIRT AS TRUSTEE. When a trust
exists without any appointed trustee, or where all the trus-
tees renounce, die. or are discharged, the superior court of
the county where the trust property, or some portion thereof.

1191



§ 2289 CIVIL CODE. [Div.III.Pt.IV.

is situated, must appoint another trustee, and direct the exe-
cution of the trust. The court may, in its discretion, appoint
the original number, or any less number of trustees.

History: Enacted March 21, 1S72; amended April 6, 1880,
Code Amdts. 1880 (C. C. pt.), p. 8.

See Kerr's Cyc. C. C. for 17 pars, annotation.

70 C. 0-26, 333, 11 P. 728, 731 (construed and applied with other
sections); 101 C. 135, 149, 35 P. 549 (construed and applied);
111 C. 628, 636, 44 P. 225 (construed and applied with §2283);
46 P. 463, 465 (construed and applied); 115 C. 247, 251, 47 P.
108 (construed and applied); 123 C. 348, 352, 55 P. 1003, 1004
(construed and applied); 133 C. 645, 649, 66 P. 17, 55 L. 216
(construed and applied); 149 C. 214,' 216, 217, 85 P. 310 (execu-
tion of trust cannot be directed unless there is an existing-
trust to be executed).

As to many miscellaneous matters as to trusts and triistees,
see note § 2215, ante.



1192



i

i Tit.IX,ch.I,art.T.] AGENCY. §2295

TITLE IX.

AGENCY.

[For Commissioners' comment on this title, see Kerr's Cyc.
C. C]

Chapter I. Agency in General, §§2295-2356.
II. Particular Agencies, §§ 2362-2389.

CHAPTER I.

AGENCY IN GENERAL.

Article I. Defintion of Agency, §§ 2295-2300.
II. Authority of Agents, §§ 2304-2326.

III. Mutual Obligations of Principals and Third Per-
sons, §§ 2330-2339.

IV. Obligations of Agents to Third Persons, §§ 2342-
2345.

V. Delegation of Agency, §§ 2349-2351.
VI. Termination of Agency, §§ 2355, 2356.

ARTICLE I.

DEFINITION OF AGENCY.

§ 2295. Agency, what.

§ 2296. Who may appoint, and Avho may be an agent.

§ 2297. Agents, general or special.

§ 2298. Agency, actual or ostensible.

§ 2299. Actual agency.

§ 2300. Ostensible agency.

§ 2295. AGENCY, AVHAT. An agent is one who represents
another, called the principal, in dealings with third persons.
Such representation is called agency.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 45 pars, annotation.
66 C, 459. 461, 6 P. 91 (quoted): 75 C. 124, 128, 16 P. 705, 707

1193



§ 2295 CIVIL CODE. [Div.III,Pt.IV.

(applied); 82 C. 77, 81, 22 P. 979, 980 (cited); 123 C. 299, 302,
55 P. 992 (cited); 131 C. 321, 325, 63 P. 479 (cited); 140 C. 624,
630, 74 P. 162, 163 (cited); 1 C. A. 349, 355, 82 P. 265 (cited);
4 C. A. 347, 350, 87 P. 1105 (construed with § 2009 — relation of
master and servant and not that of principal and agent).

AGENCY — GENERALLY.

As to evidence of belief that person vi^as agent, see Kerr's
Cyc. C. C. § 2317 and note pars. 3, 4.

As tc evidence of husband's agency for wife, see Kerr's
Cyc. C. C. § 158 and note pars. 117-119.

As to inability of agent to define scope of agency, see Kerr's
Cyc. C. C. § 2322 subd. 2 and note.

As to necessity for authorization in writing, see Kerr's Cyc.
C. C. § 2309 and note.

Actions — -By principals on obligations taken in names of
agents. — See 12 A. D. 709.

Same — For tort, imputation of knowledge of agent to prin-
cipal when. — See 3 A. C. 832.

Admissions and declarations of agents, when evidence against
principal. — See 53 A. D. 773.

Adverse parties, when same agent may represent. — See 46
A. R. 37.

Affidavit by agent, as to sufficiency of. — See 7 A. C. 47, 49.

Agency — And contract of sale distinguished. — See Kerr's Cyc.
C. C. § 1721 and note pars. 20, 21.

Same — Existing between persons jointly liable.^See 65 A.
S. 683.

Same — ^Of clearance-house members.^ — See 25 L. 830.

Same — To make sales, whether includes authority to receive
payment and create liabilities.— See 47 A. R. 518.

Agent's fraud — Effect of in making proof of loss under fire
insurance policy. — See 9 L. N. S. 485.

Same — Purchase of property which agent personally has an
option or contract to purchase. — See 11 L. N. S. 122.

Authority of agent — As to generally, see 1 A. C. 672; 1 A.
C. 718; 3 A. C. 62; 7 A. C. 1035; 8 A. C. 377; 9 A. C. 1193; 10
A. C. 420.

Same— As to what he may accept in payment. — See 2 L. 492.

Same — Admissibility of book accounts to prove. — See 52 L. 714.

Same — Effect of limitation of agent's authority to waive con-
ditions in insurance policy. — See 9 A. C. 380.

Same — ^Effect of provision in power of attorney declaring that
it shall not be revoked by death. — See 6 L. N. S. 855.

Same — General and special agents of. — See 2 L. 808.

Same- — General rules respecting. — See 16 A. S. 493.

Same — Implied powers under power of attorney to transact
business. — See 4 L. N. S. 843.

1194



Tit.IX,ch.I,art.I.] AGENCY, GENERALLY. § 2295

Same — Implied, to contract for medical, surgical, or other
attendance or supplies for sick or injured persons. — See 3 A.
C. 570.

Same — Implied to do what is necessary and usual in ordinary
course of business. — See 2 L. 808.

Same — Implied to warrant genuineness upon sale of nego-
tiable paper. — See 36 L. 95.

Same — In absence of express instructions, to receive pay-
ment of debt by check or draft. — See 9 A. C. 1198.

Same — Necessity of notice to revoke power of attorney. —
See 1 L. N. S. 577.

Same — Necessity of writings to make binding commi.ssion to
purchase personal property. — See 11 L. 650.

Same — Notice of limitation of. — See 1 L. 192.

Same — Power to sell real estate, does it include power to
give option.— See 10 L. N. S. 867.

Same — Principal estopped to deny. — See 2 L. 808; 2 L. 824.

Same — Private restrictions on, special instruction.s as to. —
See 2 L. 823.

Same — Ratification. — See "Ratification of act of agent," this
note.

Same — Right of agent to locate mining claim. — See 7 L. N.
S. 817.

Same — Secret instructions. — See 10 L. 355.



Online LibraryCaliforniaThe codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) → online text (page 99 of 156)