The Negotiable Instruments Law: From the Draft Prepared for the Commissioners on Uniformity of Laws, and Enacted in Alabama, Arizona, Colorado, Connecticut, District of Columbia, Florida, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin, and Wyoming. The Full Text of the Law as Enacted, with Copious AnnotationsBaker, Voorhis, 1908 - 206 páginas |
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Página 2
... Rule of law merchant ; when governs . Section 1. Short title.- This act shall be known as the negotiable instruments ... rule of the common law , which is the same as the statutory rule in some of the States , but dif- 3 ferent in others ...
... Rule of law merchant ; when governs . Section 1. Short title.- This act shall be known as the negotiable instruments ... rule of the common law , which is the same as the statutory rule in some of the States , but dif- 3 ferent in others ...
Página 6
... rules of the law merchant shall govern ( a ) . ( a ) It is to be observed that the rules governing in such cases are not those which existed by virtue of a statute . All prior stat- utes upon the subject of bills and notes are repealed ...
... rules of the law merchant shall govern ( a ) . ( a ) It is to be observed that the rules governing in such cases are not those which existed by virtue of a statute . All prior stat- utes upon the subject of bills and notes are repealed ...
Página 8
... rule of the law merchant , and the rule which prevails in most of the States . In some States - as , for example , in Georgia - certain instruments are declared by statute to be negotiable , though they provide that payment is to be ...
... rule of the law merchant , and the rule which prevails in most of the States . In some States - as , for example , in Georgia - certain instruments are declared by statute to be negotiable , though they provide that payment is to be ...
Página 9
... rule adopted in the Act is the one sustained by the weight of authority . It is supported by National Bank v . Sutton Mfg . Co. , 6 U. S. App . 312 , 331 ; Oppenheimer v . Farmers and Merchants ' Bank , 97 Tenn . 19 ; Montgomery v ...
... rule adopted in the Act is the one sustained by the weight of authority . It is supported by National Bank v . Sutton Mfg . Co. , 6 U. S. App . 312 , 331 ; Oppenheimer v . Farmers and Merchants ' Bank , 97 Tenn . 19 ; Montgomery v ...
Página 10
... rule have taken the view that so long as the amount payable is certain up to the time of maturity and dis- honor , it is not essential that after that time , when the instru- ment has become non - negotiable for other reasons , the ...
... rule have taken the view that so long as the amount payable is certain up to the time of maturity and dis- honor , it is not essential that after that time , when the instru- ment has become non - negotiable for other reasons , the ...
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Términos y frases comunes
acceptance agent Bank of Alexandria Bank of U. S. bill of exchange blank Cayuga County Chap charge collateral Commercial Nat commercial paper Conn constitutes contract court Cush deemed delivery deposit discharged dorser drawee drawer due course evidence fact Fourth Nat funds give notice Gratt held Hill holder for value holder in due indorser instru instrument payable Iowa January 25 law merchant Mass maturity ment Metc N. J. Law N. W. Rep National Bank negotiable instrument notary note payable notice of dishonor notice of non-payment Ohio St Oregon paid payable on demand payable to bearer payee payment is specified person Pick place of business place of payment plaintiff post-office presentment for payment primarily liable prior parties promissory note provision rule Savings Bank secondarily liable signature Smith statute sufficient Tenn thereof tion transfer waiver Wend York
Pasajes populares
Página 83 - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.
Página 27 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Página 27 - As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing, as the case may be : and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Página 23 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable...
Página 81 - But the drawer may insert in the instrument an express stipulation negativing or limiting his own liability to the holder.
Página 145 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Página 48 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Página 29 - ... 6. Where a signature is so placed upon the instrument that it is not clear in what capacity the person making the same intended to sign, he is to be deemed an indorser; 7. Where an instrument containing the words, "I promise to pay," is signed by two or more persons, they are deemed to be jointly and severally liable thereon.
Página 137 - Where a dishonored bill has been accepted for honor supra protest or contains a reference in case of need, it must be protested for non-payment before it is presented for payment to the acceptor for honor or referee in case of need.
Página 126 - Where a party has added an address to his signature, notice of dishonor must be sent to that address; but if he has not given such address, then the notice must be sent as follows: 1.