Negotiation

The deliberation which takes place between the parties touching a proposed agreement. That which transpires in the negotiation makes no part of the agreement, unless introduced into it. It is a general rule that no evidence can be given to add, diminish, contradict, or alter a written instrument. 1 Ball. (Pa.) 426; 4 Dall. (Pa.) 340; 3 Serg. & R. (Pa.) 609. In Mercantile Law. The act by which a bill of exchange or promissory note is put into circulation by being passed by one of the original parties to another person. Until an accommodation bill or note has been negotiated, there is no contract which can be enforced on the note; the contract, either express or implied, that the party NEGOTIORUM GESTIO (Lat.)

In the civil law. Literally, a doing of business or businesses; a species of spontaneous agency, or an interference by one in the affairs of another, in his absence, from benevolence or friendship, and without authority. 2 Kent, Comm. 616, note; Inst. 3. 28. 1; Dig. 3. 5. The intervention of a person acting without authority in transacting the affairs of another. NEGOTIORUM GESTOR (Lat.)

In civil law. One who spontaneously, and without authority, undertakes to act for another, during his absence, in his affairs. In cases of this sort, as he acts wholly without authority, there can, strictly speaking, be no contract; but the civil law raises a quasi mandate by implication for the benefit of the owner in many such cases. Mackeld. Civ. Law, § 460; 2 Kent, Comm. 616, note; Story, Bailm, §§82,189.

The deliberation which takes place between the parties touching a proposed agreement. That which transpires in the negotiation makes no part of the agreement, unless introduced into it. It is a general rule that no evidence can be given to add to, diminish, contradict, or alter a written instrument; Leake, Contr. 20; Mc Dermott v. Ins. Co., 3 S. & R. (Pa.) 009. But this rule has been much modified, and parol evidence is now held admissible to contradict, vary, or even avoid a written instrument where it would not have been executed but for the oral stipulation, except in the case of negotiable paper; Hoopes v. Beale, 90 Pa. 82. See Evidence. As to negotiations preceding a contract, see Merger. In Mercantile Law. The act by which a bill of exchange or promissory note is put into circulation by being passed by one of the original parties to another person. The transfer of a bill or note in the form and manner prescribed by the law merchant, with the incidents and privileges annexed thereby, t. e.: The transferee can sue all parties to the instrument in his own name; The consideration for the transfer is pritna facie presumed; The transferor can under certain conditions give a good title, although he has none himself; The transferee can further negotiate the bill with the like privileges and incidents. There are two modes of negotiation, viz.: by delivery and by indorsements. The former applies to bills, etc., payable to bearer; the latter to those payable to order. See Chaim. Dig. of Bills, etc. § 100; 1 Pars. Notes & B. 14; Byles, Bills 109. Until an accommodation bill or note has been negotiated, there is no contract which can be enforced on the note; 2 M. & G. 911. NEGOTIORUM GESTOR (Lat). In Civil Law, One who spontaneously, and without authority, undertakes to act for another, during his absence, in his affairs. In cases of this sort, as he acts wholly without authority, there can, strictly speaking, be no contract; but the civil law raises a quasi mandate by implication for the benefit of the owner, in many such cases; Mackeldey, Civ. Law, § 4G0; 2 Kent 616, n.; Story, Bailm. §§ 82, 189. been held not to include a mulatto; Felix v. State, 18 Ala. 720. A negro is defined by statute in Alabama, Kentucky, Maryland, Mississippi, North Carolina, Tennessee and Texas as a person of color who is descended from a negro to the third generation inclusive, though one ancestor in each generation may have been white; in Florida, Georgia, Indiana, Minnesota, Missouri and South Carolina, where there is as much as oneeighth negro blood; in Nebraska and Oregon, one-fourth, and so apparently in Virginia and Michigan. It was held in Monroe v. Collins, 17 Ohio St. GG5, that if white blood predominates the person is to be considered white. If one was a slave before 1SG5, it is presumed that he is a negro; Mc Millan v. School Committee, 107 N. C. G09, 12 S. E. 330, 10 L. R. A. 823; if it appears that a person usually associates with negroes, it is evidence that he is one; Ilopkins v. Bowers, 111 N. C. 175, 16 S. E. 1; and if it appears that a woman’s first husband was a white man, it is evidence tending to prove that she is a white woman; Bell v. State, 33 Tex. Cr. R. 1G3, 25 S. W‘. 7G9. Compelling a sheriff with a negro prisoner to ride in a negro coach is not actionable; Gulf, C. & S. F. R. Co. v. Sharman (Tex.) 158 S. W. 1015. An ordinance making it unlawful for a colored person to reside upon a street where the greater number of houses are occupied by whites, is invalid; State v. Darnell (N. C.) 81 S. E. 338. See 43 Ain. L. Rev. 29, where the subject of Race Distinctions is fully treated by Gilbert S. Stephenson (since published in book form). See Mixed Jury; Civil Rights; Miscegenation; Equal Protection of the Laws; Constitution of the United States; White Persons.

The deliberation, discussion, or conference upon the terms of a proposed agreement; the act of settling or arranging the terms and conditions of a bargain, sale, or other business transaction, Also the transfer of, or act of putting into circulation, a negctiable instrument.