The Law of Negotiable Instruments: Statutes, Cases and AuthoritiesErnest Wilson Huffcut Baker, Voorhis, 1910 - 885 páginas |
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Página ix
... amount paid ..... 357 2. Holder deriving title from holder in due course .. 360 3. Right of holder in due course to recover full amount . 361 4. Burden of proof ..... III . DEFENCES TO NEGOTIABLE INSTRUMENTS . 365 370 1. Conditions ...
... amount paid ..... 357 2. Holder deriving title from holder in due course .. 360 3. Right of holder in due course to recover full amount . 361 4. Burden of proof ..... III . DEFENCES TO NEGOTIABLE INSTRUMENTS . 365 370 1. Conditions ...
Página 50
... amount yearly , July month , and charge the amount against me and of my mother's estate . WILLIAM J. SCHAREN . [ Written upon the face ] : Accept , ADAM SIMON , executor ; [ and indorsed ] : Pay to the order of Mary Schmittler , the ...
... amount yearly , July month , and charge the amount against me and of my mother's estate . WILLIAM J. SCHAREN . [ Written upon the face ] : Accept , ADAM SIMON , executor ; [ and indorsed ] : Pay to the order of Mary Schmittler , the ...
Página 52
... amount against me and of my mother's estate " and contains no provision for delay until the amount is realized from the estate , or for payment pro tanto in case the estate should prove insufficient to pay the whole amount . There is no ...
... amount against me and of my mother's estate " and contains no provision for delay until the amount is realized from the estate , or for payment pro tanto in case the estate should prove insufficient to pay the whole amount . There is no ...
Página 53
... amount at a specified date , absolutely and unconditionally . We are , therefore , of the opinion that the instrument in question is a bill of exchange and rendered the parties executing it liable absolutely for the amount stated ...
... amount at a specified date , absolutely and unconditionally . We are , therefore , of the opinion that the instrument in question is a bill of exchange and rendered the parties executing it liable absolutely for the amount stated ...
Página 54
... amount may be due me for my share of fish caught on board schooner Morning Star ' for the fishing season of 1860. " Held negotiable in Redman v . Adams , 51 Me . 429. " In this case the order requires the drawees to pay to the order of ...
... amount may be due me for my share of fish caught on board schooner Morning Star ' for the fishing season of 1860. " Held negotiable in Redman v . Adams , 51 Me . 429. " In this case the order requires the drawees to pay to the order of ...
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Términos y frases comunes
acceptance supra protest acceptor action affirmed agent amount appears ASSUMPSIT authority bill or note Bills of Exchange blank bona fide holder charge cited commercial paper common law consideration contract court debt decision defendant defendant's delivered delivery demurrer discharged draft drawer drawn due course effect entitled estoppel evidence Exchange Act fact forged forgery fraud given held holder for value holder in due indorser Inst intended judgment jury law merchant liable Lord Mansfield maker Mass maturity ment National Bank negligence Negotiable Instruments Law negotiable paper non-payment notary note payable notice of dishonor obligation opinion paid party payable on demand payable to bearer payee person plaintiff plaintiff in error presented for payment principal promise to pay promissory note purchaser question reason recover refused rule signature signed statute sufficient thereof tion transfer trial usury verdict Wend words York
Pasajes populares
Página 489 - 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 797 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance ; and admits — 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
Página 816 - Where the instrument is paid by a party secondarily liable thereon it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: 1.
Página 320 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, 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 853 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
Página 795 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Página 857 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
Página 724 - 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...
Página 490 - 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 503 - Presentment for payment is not necessary in order to charge the person primarily liable on the instrument ; but if the instrument is, by its terms, payable at a special place, and he is able and willing to pay it there at maturity, such ability and willingness are equivalent to a tender of payment upon his part.