The Negotiable Instruments Law: With Comments and CriticismsHarvard Law Review Association, 1908 - 250 páginas |
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Página 5
... fictitious or non- existing person , and such fact was known to the person making it so payable ; 1 or 4 . 5 . When the name of the payee does not purport to be the name of any person ; 2 or When the only or last indorsement is an ...
... fictitious or non- existing person , and such fact was known to the person making it so payable ; 1 or 4 . 5 . When the name of the payee does not purport to be the name of any person ; 2 or When the only or last indorsement is an ...
Página 19
... fictitious person ; 3. By waiver of presentment , express or implied . Sec . 83 . when , — The instrument is dishonored by non - payment I. It is duly presented for payment and payment is refused or cannot be obtained ; or 2 ...
... fictitious person ; 3. By waiver of presentment , express or implied . Sec . 83 . when , — The instrument is dishonored by non - payment I. It is duly presented for payment and payment is refused or cannot be obtained ; or 2 ...
Página 24
... fictitious person or a person not having capacity to contract ; 3. When the drawer is the person to whom the instrument is presented for payment ; 4. Where the drawer has no right to expect or require that the drawee or acceptor will ...
... fictitious person or a person not having capacity to contract ; 3. When the drawer is the person to whom the instrument is presented for payment ; 4. Where the drawer has no right to expect or require that the drawee or acceptor will ...
Página 28
... fictitious person , or a person not having capacity to contract , the holder may treat the instru- ment , at his option , either as a bill of exchange or a promissory note . Sec . 131. The drawer of a bill and any indorser may insert ...
... fictitious person , or a person not having capacity to contract , the holder may treat the instru- ment , at his option , either as a bill of exchange or a promissory note . Sec . 131. The drawer of a bill and any indorser may insert ...
Página 31
... bankrupt , or is a fictitious person or a person not having capacity to contract by bill . " B. E. A. s . 41 ( 2 ) ( a ) . C 3. Where , although presentment has been irregular , accept- THE NEGOTIABLE INSTRUMENTS LAW . 31.
... bankrupt , or is a fictitious person or a person not having capacity to contract by bill . " B. E. A. s . 41 ( 2 ) ( a ) . C 3. Where , although presentment has been irregular , accept- THE NEGOTIABLE INSTRUMENTS LAW . 31.
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Términos y frases comunes
acceptance acceptor accommodation indorser accommodation party adopted agent alteration Arthur Cohen authority Bank banker bill payable Bills and Notes Bills of Exchange Chalmers cheque courts criticism decisions defendant demand note discharge drawer due course English Act Exchange Act fact fictitious payee German-American Bank given Harvard Law Review held holder in due honor indorsed in blank indorsed specially indorser without recourse instru instrument payable instruments originally payable JAMES BARR AMES Judge Brewster law merchant maker maturity ment Misc Negotiable Instruments Law note payable notice of dishonor payable to bearer payable to order plaintiff presentment for payment principal debtor prior party Professor Ames promissory note protest provisions reason rule S. C. sec says Section 124 Section 40 Section 9 semble signature special indorsement statute strument subsection subsequent holders supra thereof tion Tolman transfer transferor trust warranty words Yale Law Journal
Pasajes populares
Página 9 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Página 14 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Página 13 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Página 16 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Página 2 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer. 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3.
Página 37 - A negotiable promissory note within the meaning of this, act is an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand, or at a fixed or determined future time, a sum certain- in money to order, or to bearer.
Página 108 - The instrument is payable to bearer — 1. When it is expressed to be so payable; or 2. When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or 4.
Página 129 - When a signature is forged or made without the authority of the person whose signature it purports to be it is wholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce payment thereof against any party thereto, can be acquired through or under such signature...
Página 86 - A special indorsement specifies the person to whom, or to whose order, the instrument is to be payable; and the indorsement of such indorsee is necessary to the further negotiation of the instrument. An indorsement in blank specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery.
Página 22 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...