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 |
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Page xlvi
... gives a full account of these bills as used by the merchants of Amsterdam , Hamburg , and other places , expressly states that such bills were not used in England . There is reason to think , however , that this is a mistake . Mr ...
... gives a full account of these bills as used by the merchants of Amsterdam , Hamburg , and other places , expressly states that such bills were not used in England . There is reason to think , however , that this is a mistake . Mr ...
Page li
... give the right , and which is in itself current , and the effect of the instruments , which either give to their holders , merely as such , a right to receive the money INTRODUCTION . li.
... give the right , and which is in itself current , and the effect of the instruments , which either give to their holders , merely as such , a right to receive the money INTRODUCTION . li.
Page lii
... gives credit in account to the depositor , and leaves it to the latter to draw upon him , to bearer or order , by what ... give effect to a writing , which without it would have that effect at common law . It is from mercantile usage as ...
... gives credit in account to the depositor , and leaves it to the latter to draw upon him , to bearer or order , by what ... give effect to a writing , which without it would have that effect at common law . It is from mercantile usage as ...
Page liv
... gives rise to the theft . or misappropriation of the security , to the loss of the true owner . But this is an evil ... give the necessary remedy , as in the case of promissory notes and of the East India Bonds . The authorities relied ...
... gives rise to the theft . or misappropriation of the security , to the loss of the true owner . But this is an evil ... give the necessary remedy , as in the case of promissory notes and of the East India Bonds . The authorities relied ...
Page lvii
... give to that which was not a negotiable instrument at law the character of negotiability by making it payable to bearer , the custom could not have that effect , because , being recent , it formed no part of the ancient law merchant ...
... give to that which was not a negotiable instrument at law the character of negotiability by making it payable to bearer , the custom could not have that effect , because , being recent , it formed no part of the ancient law merchant ...
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.