Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the Amending Act of 1891, with Notes and Illustrations from Canadian, English and American Decisions, and References to Ancient and Modern French Law
Carswell Company (Limited), 1892 - 568 pages
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Bills, Notes and Cheques: The Bills of Exchange ACT, 1890, Canada, and the ...
John James MacLaren
No preview available - 2015
acceptance acceptor according action addressed agent amount apply authority Bank bearer become bill of exchange bill or note bill payable blank Canada cheque clause Code common condition consideration contract Court crossed defendant delay delivery discharged dishonor drawer drawn due course effect England English entitled evidence expressed fact give given hands held holder honor ILLUSTRATIONS Imperial Act indorser interest issued latter liable maker maturity ment merchant necessary negotiable non-payment notary note payable notice notice of dishonor Ontario paid particular party payee payment person plaintiff presentment promise to pay promissory note protest provinces provisions Quebec question reasonable received recover relating Reports respect rule sight signature signed Smith Statutes sub-section subsequent sufficient thereof tion transfer treat United usage valid Vict writing written
Page 208 - 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.
Page 35 - 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 123 - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Page 415 - 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.
Page 192 - 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.
Page 133 - ... on behalf of the Company, by any agent, officer or servant of the Company, in general accordance with his powers as such under the by-laws of the...
Page 245 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers.
Page 280 - A written notice need not be signed and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby.