Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the Amending Act of 1891, with Notes and Illustrations from Canadian, English and American Decisions, and References to Ancient and Modern French Law

Portada
Carswell Company (Limited), 1892 - 568 páginas

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SECTIONS PAGE
60
Time for acceptancebefore completionif overdue
100
General and qualified acceptances
107
Inchoate instrumentssignature on blank paper
114
Capacity of partiescapacity to contract
124
Signature essential to liability
138
Forged or unauthorized signature
145
Procuration signatures when principal bound
153
Signing as agent or in representative capacity
159
Valuable considerationantecedent debt
166
Accommodation party to a bill
183
Presumption of value and good faithproof
198
NEGOTIATION OF BILLS
206
SECTIONS PAGE 31 Transfer without indorsement
209
Requisites of a valid indorsementallonge
211
Order of indorsements
216
Conditional indorsements not binding
217
Indorsement in blankspecial indorsement
219
Restrictive indorsementrights under
222
When negotiable bill ceases to be so
225
Negotiation of bill to party already liable
231
Rights of holderaction on billholder in due course
232
GENERAL DUTIES OF THE HOLDER 39 When presentment for acceptance is necessary
240
Presentment of bill payable at or after sight
243
Rules as to presentment for acceptance
246
Excuses for nonpresentment
249
Drawee allowed two days to decide as to acceptance
250
Bill dishonored if not accepted
251
Qualified acceptanceholder may refuse
253
Presentment for paymenteffect of not presenting
254
Rules as to presentmenttimeperson
255
Proper place for presentment
258
Excuse for delay in presentment
263
Presentment for payment dispensed with
264
Dishonor by nonpayment
268
Notice of dishonor and effect of nonnotice
270
Rules as to notice of dishonor
273
Delay in notice of dishonor excused
290
Notice of dishonor dispensed with
292
Noting or protest of inland bill necessary in Quebec
297
Dishonored foreign bill must be protested
299
Prescription or Statute of Limitations
341
Payment by drawer or indorser not discharge
349
Acceptor the holder at maturityconfusion
352
Waiver by holder as against acceptor a discharge
353
Holder may discharge any party to bill
355
Discharge by cancellation of bill
359
Erroneous cancellation not a discharge
360
Material alteration discharges bill
361
ACCEPTANCE AND PAYMENT FOR HOXor
366
Acceptance for honor supra protest
368
Liability of acceptor for honor
369
Presentment to acceptor for honor
370
Payment for honoract of honor
371
Lost INSTRUMENTS 68 Holders right to duplicate of lost bill
374
Action on lost billsecurity
375
BILL IN A SET 70 Rules as to bills in a setparts
377
CONFLICT OF Laws
379
Rules where laws conflict
380
PART III
394
Cheque definedProvisions as to demand bill apply
395
Presentment of cheque for payment
401
Duty and authority of bank to payrevocation
403
CROSSED CHEQUES
405
Crossing definedgeneral
407
By whom cheque may be crossed or uncrossed
408
The crossing a material part of cheque
409
Crossing cheque a protection to bank and drawer
410
Holder takiny not negotiable cheque
411
Protection to bank collecting crossed cheque
412
Delivery necessary to complete note
423
Liability of makerestoppel 403
430
Computation of timenon business days
438
Dividend warrants may be crossed
444
OTHER NEGOTIABLE INSTRUMENTS
454
FIRST SCHEDULE
460
SECOND SCHEDULE
468
APPENDIX II
474
Cheques
486
INDEX
509
Stranger signing bill liable as indorser 319
563
Measure of damages on dishonored bill 324
564

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Página 206 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Página 167 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Página 33 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Página 305 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
Página 56 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Página 121 - ... 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 97 - The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonored by nonacceptance or non.payment. Such person is called the referee in case of need.
Página 361 - 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.
Página 190 - 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 373 - Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.

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