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311878
COPYRIGHT, 1910
BY
LA SALLE EXTENSION UNIVERSITY
CONTENTS
cos cos
NEGOTIABLE INSTRUMENTS.
CHAPTER I.
Negotiability.
1. Genesis of law of bills and notes in mercantile usage..... 1
2. Decisions of courts adopt mercantile usage into common
law
Bills and notes are transferable obligations..
Practical consequences of bills and notes being trans-
ferable...
§ 3.
§ 4.
§ 5.
Same: Illustrations....
§ 6.
How bills and notes may be transferred.
22
4468
§ 7. Summary: Bills and notes are negotiable...
CHAPTER II.
Formal Requisites of Negotiable Instruments.
8. In general...
§ 8a. Ordinary forms of negotiable instruments..
9. Materials for writing.
Signature..
§ 10. Note must contain a promise......
9
10
11
12
13
§ 11. Same (continued).....
§ 12.
§ 13.
Bill of exchange must contain an order....
Promise or order must be unconditional...
14.
Promise or order to pay out of particular fund is condi-
tional ....
§ 17. Promise or order must be certain in amount payable at
maturity
§ 18.
Costs of collection and attorney's fees..
§ 19. Instruments payable with exchange....
§ 20. Instruments payable in installments
21. Promise or order must be certain as to the time of payment. 23
22. Instruments payable on demand....
i
25
Particular kind of money.
29
§ 26.
Bill or note must order or promise payment of money only. 29
§ 38.
Negotiable instrument must be payable to order or bearer.. 44
§ 45.
Intentional signing.....
§ 46. Signing without reading: Carelessness..
§ 47. Carelessness a question of fact.....
§ 48. Intentional signing induced by fraud.
49. "Delivery"
§ 50. Position of fraudulent payee or bearer....
§ 51.
Position of payee in case of conditional delivery..
§ 52. Position of innocent purchaser of the instrument...
§ 53. Incomplete instruments...
§ 54. Innocent purchaser of instrument completed in excess of
49
50
51
52
55. Incomplete instruments not intentionally delivered as such. 57 § 56. Presumption of delivery....
SECTION 2.
Consideration.
§ 57. What a consideration is.....................
§ 58. Consideration necessary for negotiable instrument..
59. Pre-existing debt as consideration...
60. Same (continued)......
§ 61. Examples of consideration.
§ 62. Moral consideration......
§ 63. Presumption of consideration..
SECTION 3.
Acceptance of Bills.
§ 64. Drawee not bound unless he accepts....
65. Form of acceptance. Oral acceptance.
§ 66. Acceptance written on the bill..
867. Extrinsic written acceptance......
§ 68. Virtual acceptance....
869. Constructive acceptance....
70. Kinds of acceptance....
§ 71. Qualified acceptance...
§ 75. Acceptance qualified as to time.
76. Acceptance by less than all of drawees...
§ 77. Acceptance by person not drawee....
78. Holder may require an unqualified acceptance written on
bill
64
65
66
67
68
69
70
71
72
§ 72. Conditional acceptance..
73. Partial acceptance...
§ 74. Local acceptance...
§ 79. Effect of taking qualified acceptance.
CHAPTER IV.
Negotiation.
§ 80. Transfer generally....
§ 81. Who may negotiate.
§ 82. Transfer by delivery...
83. Form of indorsement....
84. Indorsement must be in writing on the instrument..
§ 85. Indorsement must be an order to pay.. ... ... ... ... ....
86. Indorsement must be an order to pay the whole sum due
on instrument.....
§ 87. Indorsement is not binding unless instrument is delivered. 80
§ 88. Kinds of indorsement...
§ 89. Special indorsements...
80
81
§ 90. Blank indorsements
§ 91.
Blank indorsement followed by special indorsement..
82
§ 92. Special indorsement of instrument payable to bearer...
§ 93. Restrictive indorsement.....
83
84
§ 94. Indorsement prohibiting further negotiation.
..84
§ 95. Indorsement constituting indorsee agent or trustee of in-
§101. Holder in due course must have acquired an existing in-
strument
§102. Same: Illegality and other defects.
§103. Same: Reasons stated......
93
94
95
96
§104. Defences not available against holder in due course..... ... 98
§105. Existing instrument must be acquired by holder in due
course
99
§106. Purchase of instrument must be in good faith and with-
out notice of defences...
§110. Purchase from partner, agent, or trustee.....
...103
§111. Transferee must part with value in exchange for the in-
§116. Notice to purchaser before he has parted with value......110
§117. Purchaser with notice from holder in due course.
..112
§118. Same: Participant in prior wrongdoing..