Principles of Law: Commercial Paper; Banks and Banking; Partnership; Corporations; Building Associations; Beneficial AssociationsInternational textbook Company, 1903 |
From inside the book
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Page 9
... Holder in due course is one who has taken an instru- ment complete and regular on the face of it , ( a ) before it ... holder in due course is variously termed a " bona - fide holder for value without notice , " a “ bona- fide holder for ...
... Holder in due course is one who has taken an instru- ment complete and regular on the face of it , ( a ) before it ... holder in due course is variously termed a " bona - fide holder for value without notice , " a “ bona- fide holder for ...
Page 10
... holder of an instru- ment who indorses it , but it also means any person who backs a bill with his signature , and thereby incurs the liabil- ity of an indorser . Indorsee denotes the person to whom an instrument is specially indorsed ...
... holder of an instru- ment who indorses it , but it also means any person who backs a bill with his signature , and thereby incurs the liabil- ity of an indorser . Indorsee denotes the person to whom an instrument is specially indorsed ...
Page 17
... holder in due course ; such holder cannot enforce D's liability as an indorser against him . " It was not the old man's intention to indorse a bill of exchange at all , but to sign a contract of an entirely different 43 38 Ind . 86 ...
... holder in due course ; such holder cannot enforce D's liability as an indorser against him . " It was not the old man's intention to indorse a bill of exchange at all , but to sign a contract of an entirely different 43 38 Ind . 86 ...
Page 18
... holder for value to enforce his liability upon the instrument , should have used reasonable and ordinary precaution to avoid imposition . If able to read , he should examine the instrument carefully , or , if not able to read , he ...
... holder for value to enforce his liability upon the instrument , should have used reasonable and ordinary precaution to avoid imposition . If able to read , he should examine the instrument carefully , or , if not able to read , he ...
Page 19
... holder for value , he is bound by his act , and is estopped from claiming that he intended to sign an entirely different obligation , and that the statements upon which he relied were false ; his own negligence precludes him from ...
... holder for value , he is bound by his act , and is estopped from claiming that he intended to sign an entirely different obligation , and that the statements upon which he relied were false ; his own negligence precludes him from ...
Common terms and phrases
acceptor Act 5th agent amount assets assignment authority bank's banker bill drawn bill of exchange bill of lading bill or note bind bona-fide holder bonds capital certificate certificate of deposit certified check Chal charter cheque clearing house commercial paper confession of judgment consignee contract corporation creditors crossed debt debtor delivery deposit depositor drawer due course entitled firm fraud funds given grace is allowed holder for value holder in due holiday Ibid indorsement instru intended issue latter law merchant liable maker maturity ment national bank negotiable instrument notary notice of dishonor paid partnership party payable on demand payable to bearer payee person place of payment presented for acceptance presentment for payment promissory note protest provisions receipt received rule seal signature signed special partner statute stockholders subtitle sufficient thereof tion transfer unless valid words
Popular passages
Page 2 - An instrument is payable at a determinable future time, within the meaning of this act, which is expressed to be payable 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Page 19 - to be the advantage or benefit which is acquired by an establishment beyond the mere value of the capital, stock, funds, or property employed therein, in consequence of the general public patronage and encouragement which it receives from constant or habitual customers, on account of its local position, or common celebrity, or reputation for skill or affluence, or punctuality, or from other accidental circumstances, or necessities, or even from ancient partialities or prejudices.
Page 47 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 8 - A bill may be accepted before it has been signed by the drawer, or while otherwise incomplete, or when it is overdue, or after it has been dishonored by a previous refusal to accept, or by non-payment. But when a bill payable after sight is dishonored by non-acceptance and the drawee subsequently accepts it, the holder, in the absence of any different agreement, is entitled to have the bill accepted as of the date of the first presentment.
Page 9 - Where the Instrument provides for the payment of interest, without specifying the date from which Interest is to run, the interest runs from the date of the instrument, and if the instrument is undated, from the issue thereof; 3. Where the instrument is not dated, it will be considered to be dated as of the time it was issued; 4.
Page 1 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Page 45 - As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting, or indorsing, as the case may be...
Page 17 - Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly.
Page 1 - The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonored by nonacceptance or non.payment. Such person is called the referee in case of need.