A Treatise on Commercial Paper and the Negotiable Instruments Law: Including the Law Relating to Promissory Notes, Bills of Exchange, Checks, Municipal Bonds, and Other Negotiable and Nonnegotiable Instruments : Commonly Classed as Commercial Paper : with an Appendix Containing the Negotiable Instrumennts Law and the English Bills of Exchange ActBender, 1903 - 767 pages |
From inside the book
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Page x
... CONSIDERATION 271-315 49. Necessity of consideration a . In general b . Want or failure of consideration as a defense c . Statutory rule as to absence or failure of consideration d . Requirement of consideration in case of acceptance or ...
... CONSIDERATION 271-315 49. Necessity of consideration a . In general b . Want or failure of consideration as a defense c . Statutory rule as to absence or failure of consideration d . Requirement of consideration in case of acceptance or ...
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... consideration - ( Continued ) . g . Agreement to marry h . Gratuities and agreements to contribute i . Moral obligation as consideration j . Advancements to heir PAGE . 282 282 284 285 k . Notes for patent rights 285 1. Acts and ...
... consideration - ( Continued ) . g . Agreement to marry h . Gratuities and agreements to contribute i . Moral obligation as consideration j . Advancements to heir PAGE . 282 282 284 285 k . Notes for patent rights 285 1. Acts and ...
Page 34
... consideration . The bill is symbolic of the goods described , and when so assigned confers upon the assignee all the rights of the assignor in such goods ; and it has also been held that the bona fide transferee for value of a bill of ...
... consideration . The bill is symbolic of the goods described , and when so assigned confers upon the assignee all the rights of the assignor in such goods ; and it has also been held that the bona fide transferee for value of a bill of ...
Page 48
... consideration . " If the note for necessaries was nonnegotiable and in the hands of the payee , an action against ... consideration expressed , the infancy of the promisor being shown is prima facie a bar to the action . But as the ...
... consideration . " If the note for necessaries was nonnegotiable and in the hands of the payee , an action against ... consideration expressed , the infancy of the promisor being shown is prima facie a bar to the action . But as the ...
Page 49
... consideration , which infant upon either of these instru- ments , though given for such considera- tion ; and as an infant cannot state an account , it seems to be the better opinion that these instruments are not in any case available ...
... consideration , which infant upon either of these instru- ments , though given for such considera- tion ; and as an infant cannot state an account , it seems to be the better opinion that these instruments are not in any case available ...
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Other editions - View all
A Treatise on Commercial Paper and the Negotiable Instruments Law: Including ... James Webster Eaton No preview available - 2015 |
A Treatise on Commercial Paper and the Negotiable Instruments Law: Including ... James Webster Eaton No preview available - 2015 |
Common terms and phrases
agent authority Bank of United Barb bearer bill of exchange bill or note Bills and Notes bind blank bona fide holder Branch Bank choses in action commercial paper common law Conn consideration contract corporation court debt defendant delivery demand drawee drawer English Bills Exchange Act executed executor firm fraud held indorsement Inst instru Instrument payable Iowa law merchant Law N. Y. liable maker Mass maturity ment Merchants Metc Minn N. Y. Supp Negotiable Instruments Law negotiable paper note or bill note payable notice Ohio St parties partner partnership payable on demand payee payment plaintiff presumption promise to pay promissory note rule signature signed Smith sory statute Statutory provision strument sum certain Tenn thereof third person tiable tion transfer usury valid Wend words
Popular passages
Page 716 - A cheque is a Bill of Exchange drawn on a banker payable on demand. Promissory Note. — A Promissory Note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed or determinable future time, a sum certain in money...
Page 678 - 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.
Page 659 - In order, however, that any such instrument, when completed, may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time...
Page 253 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he...
Page 666 - 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 577 - 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 693 - mean any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them being part of the dominions of Her Majesty. (2.) Unless the contrary appear on the face of the bill the holder may treat it as an inland bill.
Page 161 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 666 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 531 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; • 6.