The Law of Bills, Notes, and ChequesLittle, Brown,, 1900 - 349 páginas |
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Página 20
... example ; however certain the sum due , the instrument would not be a promissory note because of the necessity of resorting to external evidence to prove the amount payable . The require- ment of the law merchant in this particular ( as ...
... example ; however certain the sum due , the instrument would not be a promissory note because of the necessity of resorting to external evidence to prove the amount payable . The require- ment of the law merchant in this particular ( as ...
Página 21
... example : ' Due J A $ 94.91 on demand ' is a promissory note ; it being deemed an express promise to pay . The use of words of ne- gotiability is also treated as an equivalent . For example : ' Due R , or bearer , $ 200.26 . ' This on ...
... example : ' Due J A $ 94.91 on demand ' is a promissory note ; it being deemed an express promise to pay . The use of words of ne- gotiability is also treated as an equivalent . For example : ' Due R , or bearer , $ 200.26 . ' This on ...
Página 22
... example : ' Due C & B $ 17.14 , value received , ' is not a promissory note ; the words ' value received ' neither import , nor are an equivalent of , ' promise . ' And so it has been held of the words ' to be accountable ' in an ...
... example : ' Due C & B $ 17.14 , value received , ' is not a promissory note ; the words ' value received ' neither import , nor are an equivalent of , ' promise . ' And so it has been held of the words ' to be accountable ' in an ...
Página 23
... example : ' Please let the bearer have $ 50 . I will arrange it with you this noon ' is a good bill of exchange , as containing an ' order ' to pay.1 Again : Mr. B will oblige Mr. A by paying C or order $ 100 ' would be a good bill on ...
... example : ' Please let the bearer have $ 50 . I will arrange it with you this noon ' is a good bill of exchange , as containing an ' order ' to pay.1 Again : Mr. B will oblige Mr. A by paying C or order $ 100 ' would be a good bill on ...
Página 24
... example : ' Pay to the executor of A , deceased , ' is sufficient to satisfy the law merchant . It is no objection that identification must be made by external evidence ; identification indeed would be necessary even when the party's ...
... example : ' Pay to the executor of A , deceased , ' is sufficient to satisfy the law merchant . It is no objection that identification must be made by external evidence ; identification indeed would be necessary even when the party's ...
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Términos y frases comunes
accommodation agent Allen alteration authority Bank of United bearer bill of exchange bona fide holder cheque common law constructive notice contract courts creditor custom debt deemed defendant is indorser defendant's delivery demand discharged doctrine drawer due course equities estoppel evidence example excuse fact favor fixed foreign bill fraud give notice given Gratt guaranty holder for value holder in due honor indorser's inland bill instru instrument is payable Iowa law merchant liability maker or acceptor Mass maturity ment National Bank necessary negligence negotiable instrument notary notice of dishonor notifying Ohio St paper payable payee Penn person place of business post-office presented for payment presentment for acceptance presumptively promise to pay promissory note protest reasonable diligence received regard residence rule signature signed Statute Statute of Frauds supra surety suretyship Tenn tion treated unless unwritten law waiver warranty Wend words
Pasajes populares
Página 293 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Página 287 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument.
Página 313 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Página 296 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. 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 297 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Página 298 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Página 286 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3.
Página 288 - Does not specify the place where it is drawn or the place where it is payable; or 5.
Página 318 - A (negotiable) promissory note 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 determinable future time, a sum certain in money to order or to bearer.
Página 298 - 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.