Trust Departments in Banks and Trust Companies

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McGraw-Hill book Company, Incorporated, 1925 - 435 páginas

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Términos y frases comunes

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Página 362 - In any case not provided for in this Act, the rules of law and equity, including the law merchant, and in particular the rules relating to the law of principal and agent and to the effect of fraud, misrepresentation, duress or coercion, mistake, bankruptcy, or other invalidating cause, shall continue to apply to contracts to sell and to sales of goods.
Página 359 - Was induced by fraud, duress, or mistake, to make the indorsement or delivery, or b. Has revoked the delivery of the certificate, or the authority given by the indorsement or delivery of the certificate, or c. Has died or become legally incapacitated after the indorsement, whether before or after the delivery of the certificate, or d. Has received no consideration.
Página 358 - Title to a certificate and to the shares represented thereby can be transferred only, (a) By delivery of the certificate indorsed either in blank or to a specified person by the person appearing by the certificate to be the owner of the shares represented thereby...
Página 360 - ... purchaser for value in good faith, without notice of any facts making the transfer wrongful, shall give such purchaser an indefeasible right to the certificate and the shares represented thereby.
Página 361 - A mortgagee or pledgee, or other holder of a bill for security who in good faith demands or receives payment of the debt for which such bill is security, whether from a party to a draft drawn for such debt or from any other person, shall not be deemed by so doing to represent or to warrant the genuineness of such bill or the quantity or quality of the goods therein described.
Página 362 - Value" is any consideration sufficient to support a simple contract. An antecedent or pre-existing obligation, whether for money or not, constitutes value where a certificate is taken either in satisfaction thereof or as security therefor. (2) A thing is done "in good faith...
Página 360 - That the instrument is genuine and in all respects what it purports to be ; 2. That he has a good title to it; 3. That all prior parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Página 359 - The delivery of a certificate by the person appearing by the certificate to be the owner thereof without the indorsement requisite for the transfer of the certificate and the shares represented thereby...
Página 361 - ... the delivery of the goods upon satisfactory proof of such loss or destruction and upon the giving of a bond with sufficient...
Página 361 - A creditor whose debtor is the owner of a negotiable bill shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such bill, or in satisfying the claim by means thereof as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.

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