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 LawCarswell Company (Limited), 1892 - 568 pages |
From inside the book
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Page ix
... acceptor as to presentment 306 LIABILITIES OF PARTIES- 53 Bill not an assignment of funds ..蚵乾 54 Liability of acceptor - estoppel 55 Liability of drawer - estoppel 310 312 315 Liability of indorser - estoppel 317 59 56 Stranger ...
... acceptor as to presentment 306 LIABILITIES OF PARTIES- 53 Bill not an assignment of funds ..蚵乾 54 Liability of acceptor - estoppel 55 Liability of drawer - estoppel 310 312 315 Liability of indorser - estoppel 317 59 56 Stranger ...
Page x
... acceptor for honor Presentment to acceptor for honor 366 369 370 67 Payment for honor - act of honor 371 LOST INSTRUMENTS- 69 68 Holder's right to duplicate of lost bill 374 69 Action on lost bill - security 375 BILL IN A SET- 70 Rules ...
... acceptor for honor Presentment to acceptor for honor 366 369 370 67 Payment for honor - act of honor 371 LOST INSTRUMENTS- 69 68 Holder's right to duplicate of lost bill 374 69 Action on lost bill - security 375 BILL IN A SET- 70 Rules ...
Page 67
... acceptor . But I think the head - note which will represent the decision of your lordships should be in a strictly con- crete form stating the facts and saying that on them it was held that judgment should be for the appellants ...
... acceptor . But I think the head - note which will represent the decision of your lordships should be in a strictly con- crete form stating the facts and saying that on them it was held that judgment should be for the appellants ...
Page 68
... acceptor was liable to the indorsee on the bill : Aspitel v . Bryan , 33 L. J. Q. B. 328 ( 1864 ) . 7. The innocent acceptor of a forged bill payable to a fictitious payee is liable to a bona fide holder for value , and the bill may be ...
... acceptor was liable to the indorsee on the bill : Aspitel v . Bryan , 33 L. J. Q. B. 328 ( 1864 ) . 7. The innocent acceptor of a forged bill payable to a fictitious payee is liable to a bona fide holder for value , and the bill may be ...
Page 100
... acceptor . The ordinary liability of an indorser to the holder is similar ; and he is in the nature of a new drawer section 55 , s - s . 2. The drawer may stipulate that he shall not be liable on the bill , and then the holder must look ...
... acceptor . The ordinary liability of an indorser to the holder is similar ; and he is in the nature of a new drawer section 55 , s - s . 2. The drawer may stipulate that he shall not be liable on the bill , and then the holder must look ...
Contents
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Other editions - View all
Bills, Notes And Cheques: The Bills Of Exchange Act, 1890, Canada, And The ... John James MacLaren No preview available - 2018 |
Common terms and phrases
acceptance supra protest acceptor accommodation bill addressed agent authority Bank of Montreal banker bill drawn bill of exchange bill or note bill payable bills and notes bona fide holder C. C. Art cheque Civil Code clause consideration contract Court creditor debt debtor defendant delivery discharged drawer and indorsers due course entitled fraud give notice holder for value holder in due honor ILLUSTRATIONS Imperial Act inland bill instrument law merchant Lower Canada maker maturity ment Molsons Bank negotiable non-acceptance non-payment notary note given note payable notice of dishonor Nova Scotia Ontario overruled paid partner party payable on demand payable to bearer payable to order payee personally liable place of payment plaintiff presented for payment promise to pay promissory note provinces qualified acceptance Quebec Quebec Bank recover Reports rule signature signed Statutes sub-section subsequent sufficient thereof tion transfer Upper Canada valid Vict words
Popular passages
Page 210 - 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 171 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 37 - 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 - ... 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 417 - 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 194 - 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 135 - ... 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 247 - 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 282 - 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.
Page 184 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.