The Negotiable Instruments Law with Comments and Criticisms: Reprinted from the Harvard Law Review, the Yale Law Journal and the American Law RegisterHarvard Law Review Association, 1908 - 250 páginas |
Dentro del libro
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Página v
... apply to a check , enacts certain rules specially applicable to checks . Part IV makes cer- tain special provisions as to promissory notes , and then pro- vides that , subject to certain exceptions , the provisions of the Act relating ...
... apply to a check , enacts certain rules specially applicable to checks . Part IV makes cer- tain special provisions as to promissory notes , and then pro- vides that , subject to certain exceptions , the provisions of the Act relating ...
Página vi
... apply to bills of exchange , promis- sory notes , and cheques , " and the Negotiable Instruments Law providing in section 196 that “ In any cases not provided for in this act the rules of the law merchant shall govern . " It is not ...
... apply to bills of exchange , promis- sory notes , and cheques , " and the Negotiable Instruments Law providing in section 196 that “ In any cases not provided for in this act the rules of the law merchant shall govern . " It is not ...
Página 6
... apply : - ́1 B. E. A. s . 20 ( 1 ) provides that the blank signature shall operate as prima facie authority to fill up " for any amount the stamp will cover , using the signature for that of the drawer , acceptor , or an indorser . " 2 ...
... apply : - ́1 B. E. A. s . 20 ( 1 ) provides that the blank signature shall operate as prima facie authority to fill up " for any amount the stamp will cover , using the signature for that of the drawer , acceptor , or an indorser . " 2 ...
Página 10
... apply with the necessary modifications to an indorser under a special indorsement . " " By writing above the indorser's signature a direction to pay the bill to , or to the order of , himself or some other person . " B. E. A. s . 34 ( 4 ) ...
... apply with the necessary modifications to an indorser under a special indorsement . " " By writing above the indorser's signature a direction to pay the bill to , or to the order of , himself or some other person . " B. E. A. s . 34 ( 4 ) ...
Página 13
... apply to a check . B. E. A. s . 73 . 8 Not in B. E. A. 4 The English Act uses the words " the acceptance thereof " instead of " any signa- ture thereto . " B. E. A. s . 29 ( 2 ) . 5 Not in B. E. A. " A thing is deemed to be done in good ...
... apply to a check . B. E. A. s . 73 . 8 Not in B. E. A. 4 The English Act uses the words " the acceptance thereof " instead of " any signa- ture thereto . " B. E. A. s . 29 ( 2 ) . 5 Not in B. E. A. " A thing is deemed to be done in good ...
Términos y frases comunes
acceptance acceptor accommodation party adopted agent alteration Arthur Cohen authority Bank Bank of England banker bill payable Bills and Notes Bills of Exchange certificates of deposit Chalmers cheque cited clause contract court criticism decisions defendant demand note discharge drawer due course English Act Exchange Act fictitious payee given Harvard Law Review held holder in due indorsed in blank indorsed specially indorser without recourse infra instru instrument payable JAMES BARR AMES Judge Brewster law merchant maker maturity ment Misc Negotiable Instruments Law note payable notice of dishonor paragraph payable to bearer payable to order plaintiff presentment for payment prior party Professor Ames promissory note protest provisions reason recover rule S. C. sec says Section 124 Section 40 Section 9 semble signature special indorsement statute strument subsection subsequent holders supra thereof tion Tolman transfer transferor trust warranty words Yale Law Journal
Pasajes populares
Página 14 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Página 16 - 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 13 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Página 2 - 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 37 - 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 108 - The instrument is payable to bearer — 1. When it is expressed to be so payable; or 2. When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or 4.
Página 129 - When a signature is forged or made without the authority of the person whose signature it purports to be it is wholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce payment thereof against any party thereto, can be acquired through or under such signature...
Página 86 - A special indorsement specifies the person to whom, or to whose order, the instrument is to be payable; and the indorsement of such indorsee is necessary to the further negotiation of the instrument. An indorsement in blank specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery.
Página 15 - 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 22 - 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...