A Treatise on the Law of Promissory Notes and Bills of Exchange, Volumen2J. B. Lippincott & Company, 1876 |
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Términos y frases comunes
acceptance acceptor action agent agreed agreement allowed alteration amount appears apply assignment authority Bank Barb barred bill bill of exchange bill or note blank bond brought Brown Camp cent claim Conn consideration considered contract court creditor debt debtor defendant demand discharge drawer drawn effect England evidence express fact fraud give given Gray ground hands held Hill hold holder indorsement interest Johns Jones latter liable lien limitations Lord lost Maine maker Mass ment negotiable notice original paid party payable payee payment person Pick plaintiff possession present principal promise promissory note proof prove question reason received recover regard rule seems set-off Smith statute subsequent sued sufficient suit supra surety taken tender third transfer unless usury Wend writing written York
Pasajes populares
Página 89 - Now, they are not goods, nor securities, nor documents for debts, nor are so esteemed ; but are treated as money, as cash, in the ordinary course and transaction of business, by the general consent of mankind, which gives them the credit and currency of money to all intents and purposes. They are as much money as guineas themselves are, or any other current coin that is used in common payments, as money or cash.
Página 477 - Comparison of a disputed writing with any writing proved to the satisfaction of the Judge to be genuine, shall be permitted to be made by witnesses ; and such writings, and the evidence of witnesses respecting the same, may be submitted to the Court and Jury as evidence of the genuineness or otherwise of the writing in dispute.
Página 425 - Compute the interest on the principal sum, from the time when the interest commenced to the first time when a payment was made, which exceeds either alone or in conjunction with the preceding payment...
Página 469 - There, in an action by the indorsee of a bill of exchange against the acceptor...
Página 280 - If he chooses to receive it under such circumstances, he takes it with all the infirmities belonging to it, and is in no better condition than the person from whom he received it.
Página 114 - These authorities show that not only money itself may pass and the right to it may arise by Currency alone : but further that these mercantile instruments which entitle the bearer of them to money may also pass, and the right to them may arise, in the like manner, by Currency or Delivery.
Página 273 - We have shaken off the last remnant of the contrary doctrine. Where the bill has passed to the plaintiff', without any proof of bad faith in him, there is no objection to his title.
Página 48 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any set-off or other defence existing at the time of or before notice of the assignment ; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Página 70 - ... within ten miles of the place where such drafts or orders shall be issued, provided such place shall be specified in such drafts or orders; and provided the same shall bear date on or before the b Sec Firbank v. Bell, 1 B.& A. 36. day on which the same shall be issued ; and provided the same do not direct the payment to be made by bills or promissory notes.
Página 148 - But a negotiable bill or note is a courier without luggage. It is a requisite that it be framed in the fewest possible words, and those importing the most certain and precise contract; and though this requisite be a minor one, it is entitled to weight in determining a question of intention. To be within the statute, it must be free from contingencies or conditions that would embarrass it in its course ; for a memorandum to control it, though endorsed on it, would be incorporated with it and destroy...