American Law and Procedure, Volumen7

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James Parker Hall, James De Witt Andrews
La Salle Extension University, 1910

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Contenido

Date of instrument
46
Presumption of delivery
58
Consideration necessary for negotiable instrument
59
Acceptance written on the bill
66
Acceptance by person not drawee
72
Blank indorsements
81
Blank indorsement followed by special indorsement
82
Special indorsement of instrument payable to bearer
83
Restrictive indorsement
84
Indorsement constituting indorsee agent or trustee of in dorser
85
Indorsement in trust for third person
87
Qualified indorsement
89
Delivery without indorsement
90
Against whom and amount of
91
CHAPTER V
93
101 Holder in due course must have acquired an existing in strument
94
Illegality and other defects
95
Reasons stated
96
104 Defences not available against holder in due course
98
105 Existing instrument must be acquired by holder in due course
99
107 Actual notice
100
108 Constructive notice
101
109 Purchase after maturity
102
110 Purchase from partner agent or trustee
103
111 Transferee must part with value in exchange for the in strument
105
112 What constitutes value
106
114 Amount of value necessary
107
Judicial explanation
108
116 Notice to purchaser before he has parted with value
110
117 Purchaser with notice from holder in due course
112
Contracts of Parties to Instruments
115
Indorsement before inception
121
134 Forged indorsements
127
CHAPTER VII
133
145 When delay in making presentment is excused
136
When no place specified
137
148 Hour of presentment
138
149 Hours of presentment at bank
140
151 To whom presentment must be made
141
152 Presentment is demand of payment accompanied by exhibi tion of instrument
142
154 Dishonor by nonacceptance
143
156 Form of notice
144
158 Indication of dishonor
145
159 By whom notice may be given
146
160 Effect of notice
147
161 Notice by agent
148
163 Successive notices
150
165 Where notice must be sent
151
Illustrations
152
167 When notice dispensed with or delay excused
153
SECTION 4
155
CHAPTER VIII
157
To hold drawer
158
To hold indorsers
159
Discharge of Instrument
160
Capacity of parties
166
10
172
Negotiable notes
178
Creditor not bound to press his claim against principal
184
30
190
Notice to guarantor of acceptance of guaranty
197
Same continued
205
Death of surety
211
When stranger pays debt
214
Exemptions of principal
221
Two sets of sureties
227
83
234
95
243
101 When surety can enforce exoneration
249
CHAPTER I
255
Insurable Interest 9 In general
260
Fire insurance
261
Same continued
262
Legal obligation between parties
263
Relation of blood or marriage
264
SECTION 4
265
Assignment to mortgagee
266
Consent of insurer to assignment
267
Beneficiaries
268
Beneficiaries
269
Controverted case
270
CHAPTER II
271
SECTION 2
280
Express language of policy
281
SECTION 3
282
Conflicting language
283
Incorporation must be by reference in policy
285
First class of cases
286
Third class of cases
287
Illustrations of language held a warranty
288
Illustrations of language held not a warranty
289
SECTION 4
290
General purpose of questions regarding health
292
Good faith insufficient if answer false
293
Specific questions
294
Promissory warranties
295
Implied limitations on warranty
296
Ambiguous language
297
CHAPTER III
299
Extent of warranty
300
Warranty of nondeviation
301
Warranty against illegality
302
Meaning of shall be void
303
Other insurance
304
Increase of hazard
305
Increase of risk by tenants
306
Interest of insured
307
Change of interest title or possession
308
Permanence of condition
315
Language of policy
322
Only known causes of forfeiture are waived
328
Further illustration
332
Waiver before breach of insured
333
100 Waiver contemporaneous with making of policy
334
101 Waiver of conditions applicable after loss
335
102 When mere silence is a waiver
337
CHAPTER V
338
106 Perils of the sea
339
107 Collision
340
109 Barratry
341
SECTION 2
342
114 Friendly and Hostile fires
343
115 Fires set by third persons
344
116 Losses that are recoverable
345
118 Indirect losses
346
SECTION 3
348
121 Same continued
349
122 Suicide by insane persons
350
123 Clauses covering insane suicide
351
SECTION 4
352
127 Violent
353
128 Accidental means
354
130 Accident followed by disease
356
131 Disease followed by accident
357
133 Total disability
358
SECTION 3
360
137 Partial loss
361
Staple articles
362
Realty
363
Nonstaple articles
364
144 Partial loss
366
146 Limited interests not definitely measurable
368
Liens
369
Vendor and vendee
370
149 Coinsurance
371
150 Subrogation to tort rights
372
Independent of order of procedure
373
152 Subrogation against carriers
375
153 Subrogation to contract rights
377
Practical considerations
379
SECTION 3
381
156 Doctrine of subrogation inapplicable
382
CHAPTER I
383
10
389
16
395
Memorandum checks
401
The creation of national banks
407
Construction of rule requiring prompt return of checks
417
Appendix A Negotiable Instruments
427
Appendix B Guaranty and Suretyship
435
Banks Banking and Trust Companies
443
Right to contribution
451
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Página 371 - This Company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.
Página 101 - 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 48 - 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 48 - 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 158 - A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Página 308 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Página 108 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Página 37 - Where the instrument is payable to order the payee must be named or otherwise indicated therein with reasonable certainty.
Página 121 - ... 3. If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee.
Página 163 - 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.

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