Elements of the Law of Bills, Notes, and Cheques and the English Bills of Exchange Act ...Little Brown,, 1893 - 325 páginas |
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Página 4
... appears to have opened it stealthily to let in a wandering promissory note . But the fear of promissory notes was so great , the danger that the common law would be eaten away was SO threatening , that the courts on the whole , led by ...
... appears to have opened it stealthily to let in a wandering promissory note . But the fear of promissory notes was so great , the danger that the common law would be eaten away was SO threatening , that the courts on the whole , led by ...
Página 5
... appears to have made concession to the custom , which treated the paper as the sufficient evidence , presump- tively , of the liability of the promisor . § 2. CHARACTERISTICS OF BILLS , NOTES , AND CHEQUES . These then are the ...
... appears to have made concession to the custom , which treated the paper as the sufficient evidence , presump- tively , of the liability of the promisor . § 2. CHARACTERISTICS OF BILLS , NOTES , AND CHEQUES . These then are the ...
Página 17
... appear to be opposed to this view . For example : ' Two years from date , for value received , we , or either of us , promise to pay to W or bearer $ 60 , with use ; said W agrees that if $ 50 be paid on the first day of January , 1843 ...
... appear to be opposed to this view . For example : ' Two years from date , for value received , we , or either of us , promise to pay to W or bearer $ 60 , with use ; said W agrees that if $ 50 be paid on the first day of January , 1843 ...
Página 18
... appears to be the better rule . Still another instance occurs where the promise to pay is ' with current ex- change . ' A similar conflict of authority exists in regard to such cases ; but the better rule , and also the weight of ...
... appears to be the better rule . Still another instance occurs where the promise to pay is ' with current ex- change . ' A similar conflict of authority exists in regard to such cases ; but the better rule , and also the weight of ...
Página 19
... appear in terms , ― - ' upon condition , ' ' if , ' ' in the event that , ' or the like , in order to defeat the instrument as a contract of the law merchant ; the same effect is produced if in substance and reality the promise or order ...
... appear in terms , ― - ' upon condition , ' ' if , ' ' in the event that , ' or the like , in order to defeat the instrument as a contract of the law merchant ; the same effect is produced if in substance and reality the promise or order ...
Otras ediciones - Ver todas
Elements of the Law of Bills, Notes, and Cheques and the English Bills of ... Melville Madison Bigelow Sin vista previa disponible - 2019 |
Elements of the Law of Bills, Notes, and Cheques and the English Bills of ... Melville Madison 1846-1921 Bigelow Sin vista previa disponible - 2021 |
Elements of the Law of Bills, Notes, and Cheques and the English Bills of ... Melville Madison Bigelow Sin vista previa disponible - 2019 |
Términos y frases comunes
acceptance supra protest accordingly agent agreement Allen alteration authority Bank of England Bank of United bill of exchange blank bona fide holder cheque common law courts creditor debt deemed defendant is indorser defendant's delivery demand discharge doctrine drawer drawn duly effect entitled to recover equity equivalent Estoppel evidence example excuse fact favor foreign bill fraud funds give notice given grace guaranty held hence holder for value inland bill instrument Iowa law merchant maker or acceptor Mass maturity ment necessary negotiable negotiable instrument non-payment notary notice of dishonor notifying Ohio St paper payable payee Penn person place of business plaintiff holder post-office presented for payment presentment for acceptance presumption promise to pay promissory note question reasonable diligence received regard residence rule sentment signature signed Smedes Smith statute steps surety suretyship taken tion treated undertaking waiver Wend words writing
Pasajes populares
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 295 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
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.