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" Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party... "
A Treatise on the Law of Commercial Paper: Containing a Full Statement of ...
by Joseph Fitz Randolph - 1899 - 3048 pages
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 35

Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1910 - 688 pages
...providing that, where a signature is forged, it is wholly inoperative and no right to retain the instrument or to enforce payment thereof against any party thereto can be acquired under such signature, even a bona fide holder without notice acquires no title to a negotiable Instrument...
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Report of the ... Annual Meeting of the American Bar ..., Volume 10, Part 1887

American Bar Association - 1887 - 460 pages
...unauthorized signature is wholly inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto...retain or enforce payment of the bill is precluded by negligence or other good cause from setting up the forgery or want of authority : Provided, That...
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Journal of the Institute of Bankers, Volume 12

Institute of Bankers (Great Britain) - 1891 - 840 pages
...a bill is wholly inoperative, and that no right to retain the bill or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under that signature except in the case of an estoppel. Nothing but legislation could have relieved bankers from the liability...
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Journal of the Institute of Bankers, Volume 18

Institute of Bankers (Great Britain) - 1897 - 688 pages
...provisions of this Act," and concludes as follows : " Unless the party against whom it is sought to " enforce payment of the bill is precluded from setting up the forgery," clearly pointing to this estoppel. And under this Sec. 5.r> it is obvious that the only rights the...
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Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61)

W. D. Thorburn - 1882 - 316 pages
...inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment i24. thereof against any party thereto can be acquired...unauthorised signature not amounting to a forgery (6). (a.) This section does not apply to the case of a bill being fraudulently or without authority...
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Statutes at Large ...

Great Britain - 1882 - 574 pages
...unauthorised signature is wholly inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto...authority. Provided that nothing in this section shall affect the ratification of an unauthorised signature not amounting to a forgery. 25. A signature by...
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The Bills of Exchange Act, 1882 (45 & 46 Vict., C. 61): An Act to Codify the ...

Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1882 - 126 pages
...unauthorised signature is wholly inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto...authority. Provided that nothing in this section shall affect the ratif1cation of an unauthorised signature not amounting to a forgery. It has been held that...
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Journal of the Institute of Bankers, Volume 3

Institute of Bankers (Great Britain) - 1882 - 726 pages
...unauthorised signature is wholly inoperative, nnd no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto...whom it is sought to retain or enforce payment of tho bill is precluded fiom setting up tho forgery or want of authority. Provided that nothing in this...
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The Negotiable Instruments Act (Act XXVI of 1881): Being an Act to Define ...

India, Patrick Dunlop Shaw - 1882 - 362 pages
...unauthorized signature is wholly inoperative, and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or t1nder that signature, unless the party against whom, it is sought to retain or enforce payment of...
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Sammlung der seit dem Jahre 1871 in Aegypten, Belgien, Dänemark ...

Oscar Borchardt - 1883 - 392 pages
...unauthorised signature is wholly inoperative. and no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto...authority. Provided that nothing in this section shall affect the ratification of an unauthorised signature not amounting to a forgery. Procuration 25. A...
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