A Treatise on the Law of Bills of Exchange, Promissory Notes, Bank-notes and ChequesSweet & Maxwell, limited, 1899 - 582 pages |
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... SMITH'S Leading Cases in Various Branches of the Law , with Notes . 11th Edit . By T. WILLES CHITTY , J. H. WILLIAMS , and H. CHITTY . 2 vols . 37. 108 .. 1903 . Companies . - LINDLEY . A Treatise on the Law and Practice of Joint Stock ...
... SMITH'S Leading Cases in Various Branches of the Law , with Notes . 11th Edit . By T. WILLES CHITTY , J. H. WILLIAMS , and H. CHITTY . 2 vols . 37. 108 .. 1903 . Companies . - LINDLEY . A Treatise on the Law and Practice of Joint Stock ...
Page xxxv
... Smith ...... 203 , 382 , 383 466 r . Smith .... 368 462 Ancona . Marks ......... 3 , 39 , 405 85 Anderson r . Cleveland 269 r . Sanderson r . Weston 369 ...... ...... 90 , 454 Andrews v . Ellison 52 -r . Franklin Anglo - Italian Bank r ...
... Smith ...... 203 , 382 , 383 466 r . Smith .... 368 462 Ancona . Marks ......... 3 , 39 , 405 85 Anderson r . Cleveland 269 r . Sanderson r . Weston 369 ...... ...... 90 , 454 Andrews v . Ellison 52 -r . Franklin Anglo - Italian Bank r ...
Page xxxvii
... Smith ......... 8 , 51 Beeching v . Gower ... 22 , 291 , 292 r . Westbrook 34 432 , 433 ...... Bingley v . Maddison Binnington v . Wallace 453 161 PAGE PAGE Birch r . Jervis r . Tebbutt Birchall TABLE OF CASES CITED . xxxvii.
... Smith ......... 8 , 51 Beeching v . Gower ... 22 , 291 , 292 r . Westbrook 34 432 , 433 ...... Bingley v . Maddison Binnington v . Wallace 453 161 PAGE PAGE Birch r . Jervis r . Tebbutt Birchall TABLE OF CASES CITED . xxxvii.
Page xxxviii
... Smith ..... r . Gammon Birmingham Bank , Ex parte 86 Estates Co. r . Bishop , Ex parte ... 188 , 243 , 295 365 r . Hutchinson 471 r . Grove 433 r . Jacobs .253,254 424 v . Payne ... 429 r . Quinn .60 , 61 r . Chambre 343 Bopart . Hicks ...
... Smith ..... r . Gammon Birmingham Bank , Ex parte 86 Estates Co. r . Bishop , Ex parte ... 188 , 243 , 295 365 r . Hutchinson 471 r . Grove 433 r . Jacobs .253,254 424 v . Payne ... 429 r . Quinn .60 , 61 r . Chambre 343 Bopart . Hicks ...
Page xlii
... Smith ............... .... ...... ..232 , 241 Coore . Callaway 44 Crossley , Ex parte 465 , 468 Copin . Adamson 382 r . Ham 195 Copis v . Middleton 334 Crotty v . Hodges ...... 343 Coppin v . 75 Crouch . Crédit Foncier Co. 80 Coppock v ...
... Smith ............... .... ...... ..232 , 241 Coore . Callaway 44 Crossley , Ex parte 465 , 468 Copin . Adamson 382 r . Ham 195 Copis v . Middleton 334 Crotty v . Hodges ...... 343 Coppin v . 75 Crouch . Crédit Foncier Co. 80 Coppock v ...
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Common terms and phrases
acceptance acceptance supra protest accommodation bill action agent agreement amount authority bank notes Bank of England banker bankrupt bankruptcy Bayley bill drawn bill of exchange bill or note bill payable bills and notes Bing Byles on Bills Camp Chan CHAPTER cheque Code common law consideration contract Court creditor debt debtor defendant delivery discharge Dowl due course East entitled evidence Exch executor firm foreign bill fraud given held holder in due honour indorser instrument issue joint Jones liable Lord Ellenborough ment negotiable negotiable instrument note payable notice of dishonour paid partner partnership party payable on demand payable to bearer payee person plaintiff pleading principal promise to pay promissory note received recover repealed Scott sect set-off signature Smith stamp Stamp Act Stark statute Stra supra protest surety Taunt tion transfer unless Vict void
Popular passages
Page 516 - A promissory note is defined as " 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 to, or to the order of, a specified person or to bearer
Page 404 - The civil practice act also provides under section 209 that all persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 503 - Where the instrument is not payable on demand, presentment must be made on the day it falls due. Where it is payable on demand, presentment must be made within a reasonable time after its issue, except that in the case of a bill of exchange, presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof.
Page 498 - 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.
Page 505 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
Page 513 - Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.
Page 493 - A bill may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees. A bill may also be made payable to the holder of an office for the time being. (3). Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer.
Page 498 - ... 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, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority : Provided that nothing in this section shall affect the ratification of an unauthorized signature not amounting to a forgery.
Page 506 - Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by non-acceptance is dishonored by non-payment, it must be duly protested for non-payment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary.
Page 505 - Where notice is given by or on behalf of the holder, it enures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given.