A Treatise on the Law of Negotiable Instruments, Volumen2Baker, Voorhis, 1903 |
Dentro del libro
Resultados 1-5 de 100
Página 45
... authority for holding that an excuse for the omission to serve no- tice by the holder should extend to other parties for whom there 89. Chapman v . Keene , 3 Ad . & El . 193 , 4 Nev . & M. 607 ; Lysaght v . Bryant , 9 C. B. 46 , 2 Car ...
... authority for holding that an excuse for the omission to serve no- tice by the holder should extend to other parties for whom there 89. Chapman v . Keene , 3 Ad . & El . 193 , 4 Nev . & M. 607 ; Lysaght v . Bryant , 9 C. B. 46 , 2 Car ...
Página 48
... authority , the doctrine seems now to be established , whatever be its merit . And as any established rule of mercan- tile conduct is better than continuous shifting , we suppose the courts will not be disposed to disturb , whether they ...
... authority , the doctrine seems now to be established , whatever be its merit . And as any established rule of mercan- tile conduct is better than continuous shifting , we suppose the courts will not be disposed to disturb , whether they ...
Página 50
... Authority to collect a bill is authority to give notice.22 A creditor holding the paper as collateral security is a holder for the purposes of notice , and so also is he who accepts or pays supra protest.24 23 994. If the holder be dead ...
... Authority to collect a bill is authority to give notice.22 A creditor holding the paper as collateral security is a holder for the purposes of notice , and so also is he who accepts or pays supra protest.24 23 994. If the holder be dead ...
Página 55
... authority of itself to receive notice.51 The mere fact that a party is the " financial agent " of his principal does not of itself constitute him an agent to receive notice.52 An agent constituted before the breaking out of a war which ...
... authority of itself to receive notice.51 The mere fact that a party is the " financial agent " of his principal does not of itself constitute him an agent to receive notice.52 An agent constituted before the breaking out of a war which ...
Página 64
... authorities show a disposition to extend and en- courage it . It has been said that the requirement that notice . should be sent otherwise than by post " has lost its reasonable force , and exists only by authority . " 3 § 1011 ...
... authorities show a disposition to extend and en- courage it . It has been said that the requirement that notice . should be sent otherwise than by post " has lost its reasonable force , and exists only by authority . " 3 § 1011 ...
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Términos y frases comunes
acceptance acceptor action alteration amount authority Bank Bank of United bill of exchange bill or note Bills 13th Bills Sharswood's bona fide holder bonds Byles on Bills Campb Chitty on Bills citing text citing the text City comaker contract County coupon bonds coupons creditor debt debtor defendant demand and notice discharge dishonor doctrine drawer or indorser Edwards on Bills entitled evidence Gratt held Iowa issued laches law merchant liability maker Mass maturity ment Metc municipal corporation N. Y. Supp Nebr negotiable instrument nonpayment notary Notes and Bills Ohio St Otto paid Parsons on Notes party payee payment person plaintiff presentment principal promise to pay promissory note protest re-exchange recover set-off signature Smedes Smith statute Story on Bills Story on Notes Supreme Court surety Thompson on Bills waiver Wall Wend
Pasajes populares
Página 836 - That it is complete and regular upon its face. (2) That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact. (3) That he took it in good faith and for value. (4) That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Página 830 - ... 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 830 - Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly.
Página 838 - That he has no knowledge of any fact which would impair the validity of the certificate. In the case of an assignment of a claim secured by a certificate, the liability of the assignor upon such warranty shall not exceed the amount of the claim.
Página 845 - Notice of dishonor may be waived, either before the time of giving notice has arrived or after the omission to give due notice, and the waiver may be express or implied.
Página 830 - The instrument is not invalid for the reason only that it is ante-dated or post-dated, provided this is not done for an illegal or fraudulent purpose. The person to whom an instrument so dated is delivered acquires the title thereto as of the date of delivery.
Página 391 - Any alteration which changes : 1. The date ; 2. The sum payable, either for principal or interest; 3. The time or place of payment ; 4. The number or the relations of the parties ; 5. The medium or currency in which payment is to be made ; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
Página 836 - 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 862 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Página 846 - Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument.