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Elements of the Law of Bills, Notes, and Cheques Annd the English Bills of ...
Melville Madison Bigelow
Vista de fragmentos - 1893
acceptance acceptor accommodation according action agent alteration appears apply authority Bank bill of exchange bona fide holder called cheque common law condition consideration considered contract course courts debt deemed defendant demand discharged dishonor drawer drawing drawn effect entitled equity equivalent evidence example excuse existence express fact favor fixed further give given ground guaranty hands held hence holder for value indorser instrument intention kind law merchant letter liability Maine maker maker or acceptor Mass matter maturity meaning ment nature necessary negotiable notice notice of dishonor Ohio ordinary paid paper particular party pass payable payee payment person plaintiff presentment presumption principal promise promissory note proper protest question reasonable received referred refusal regard residence rule seems signature signed statute steps supra taken taking transfer treated true unless writing written
Página 257 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Página 270 - Where an instrument is payable to the order of two or more payees, or indorsees who are not partners, all must indorse, unless the one indorsing has authority to indorse for the others. Sec. 42. [Effect of instrument drawn or indorsed to a person as cashier...
Página 265 - As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting or indorsing, as the case may be; and in such case the delivery may be shown to have been conditional or for a special purpose only...
Página 282 - A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business, or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary.
Página 298 - 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 264 - An acceptance to pay at a particular place is a general acceptance unless it expressly states that the bill is to be paid there only and not elsewhere.
Página 278 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Página 280 - 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 268 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. 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.