McMaster's Commercial Decisions Affecting the Banker and Merchant [from the Decisions of the Highest Courts of the Several States], [1879-1913], Vol. 1-12, 15, 16, Volume 11 |
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Page xiii
... signed and delivered a negotiable note in lieu of the instru- ment intended to be signed , he can- not be heard to impeach its validity in the hands of a bona fide holder . No. 1076 . BILLS AND NOTES- Continued . A note transferred to ...
... signed and delivered a negotiable note in lieu of the instru- ment intended to be signed , he can- not be heard to impeach its validity in the hands of a bona fide holder . No. 1076 . BILLS AND NOTES- Continued . A note transferred to ...
Page xvi
... signed his name to what he sup- posed to be the obligation , having full and unrestricted means for as- certaining for himself the true char- acter of the instrument he was sign- BONA FIDE HOLDER - Continued . ing , but by xvi INDEX .
... signed his name to what he sup- posed to be the obligation , having full and unrestricted means for as- certaining for himself the true char- acter of the instrument he was sign- BONA FIDE HOLDER - Continued . ing , but by xvi INDEX .
Page xvii
... signed and delivered a nego- tiable note in lieu of the instrument intended to be signed , he cannot be heard to impeach its validity in the hands of a bona fide holder . No. 1076 . A note transferred to the cashier of a bank , without ...
... signed and delivered a nego- tiable note in lieu of the instrument intended to be signed , he cannot be heard to impeach its validity in the hands of a bona fide holder . No. 1076 . A note transferred to the cashier of a bank , without ...
Page xix
... signed in his individual name , which the bank refused to cash , be- cause the said treasurer had no in- dividual deposit . Several days afterward the check was changed by the maker , by adding his official character to his signature ...
... signed in his individual name , which the bank refused to cash , be- cause the said treasurer had no in- dividual deposit . Several days afterward the check was changed by the maker , by adding his official character to his signature ...
Page xxiv
... signed the note were sureties , although apparently joint makers . la , No. 996 , p . 1 . Several parties signed a note as makers with understanding known to agent that note was collateral security for loan made by payee to company in ...
... signed the note were sureties , although apparently joint makers . la , No. 996 , p . 1 . Several parties signed a note as makers with understanding known to agent that note was collateral security for loan made by payee to company in ...
Common terms and phrases
accepted action affirmed agent agreement alleged amount appellant appellee assigned authority bill of exchange bill of lading Bills and Notes bona fide holder bona fide purchaser cashier charge claim collateral security commercial paper consideration contract corporation County creditor debt Decision defendant defendant's delivered delivery demand demurrer deposit discount dishonor draft drawee drawer error evidence executed fact favor Ferrell fraud held Hereford Cattle holder for value indorser interest January 25 judgment jury law merchant liability maker maturity ment mortgage N. J. Law National Bank negligence Negotiable Instruments Law notice obligation paid parties partner partnership payable payee person plaintiff plaintiff in error principal promissory note protest purchaser question reason received recover refused rule Sandyville signature statute sued Supreme Court surety thereof tion transaction transferred trial court trust usury verdict Zimri
Popular passages
Page 180 - 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.
Page 216 - 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.
Page 125 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 107 - By a valid tender of payment made by a prior party; 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved; 6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.
Page 13 - 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 when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Page 181 - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value ; and is deemed such whether the instrument is payable on demand or at a future time.
Page 19 - A cancellation made unintentionally or under a mistake, or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake or without authority.
Page 92 - 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.
Page 16 - ... when the name of the payee does not purport to be the name of any person...
Page 346 - Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will be deemed to have accepted the same.