A Treatise on the Law of Bills of Exchange, Promissory Notes, Bank-notes and ChequesSweet & Maxwell, limited, 1899 - 582 pages |
From inside the book
Results 1-5 of 100
Page 7
... held that an instrument payable to the maker and indorsed by him , is a promissory note . Maldow v . Cald- well . 7 Miss . 563. And see 55 Geo . 3 , c . 184 , Sched . Pt . 1 . In Absolon v . Marks , 11 Q. B. 19 , the defendant was held ...
... held that an instrument payable to the maker and indorsed by him , is a promissory note . Maldow v . Cald- well . 7 Miss . 563. And see 55 Geo . 3 , c . 184 , Sched . Pt . 1 . In Absolon v . Marks , 11 Q. B. 19 , the defendant was held ...
Page 11
... held a good note within the statute ( k ) . So , I do acknowledge myself to be indebted to A. in 1007. , to be paid on demand for value received , " was , after solemn argument , held to be a good note within the statute , the words ...
... held a good note within the statute ( k ) . So , I do acknowledge myself to be indebted to A. in 1007. , to be paid on demand for value received , " was , after solemn argument , held to be a good note within the statute , the words ...
Page 12
... held not to be a promissory note : - " I have received the 207 , which I borrowed of you , and I have to be accountable for the same sum with interest . " In Jarvis v . Wilkins , 7 M. & W. 410 , the following instrument was held to be a ...
... held not to be a promissory note : - " I have received the 207 , which I borrowed of you , and I have to be accountable for the same sum with interest . " In Jarvis v . Wilkins , 7 M. & W. 410 , the following instrument was held to be a ...
Page 18
... held that a cheque payable to order might be post - dated . Emmanuel v . Roberts , 9 B. & S. 121 ; Whistler v . Foster , 32 L. J. , C. P. 161 ; 14 C. B. , N. S. 248 ; Bull v . O'Sulliran , L. R. , 6 Q. B. 209 ; 40 L. J. 141 . So , too ...
... held that a cheque payable to order might be post - dated . Emmanuel v . Roberts , 9 B. & S. 121 ; Whistler v . Foster , 32 L. J. , C. P. 161 ; 14 C. B. , N. S. 248 ; Bull v . O'Sulliran , L. R. , 6 Q. B. 209 ; 40 L. J. 141 . So , too ...
Page 19
... held by that banker to the use of the drawer . And by sect . 19 of the 23 & 24 Vict . c . 111 ( now repealed ) , it was rendered lawful for any person to draw on his banker who bonâ fide held money for him , for a sum less than 208 ...
... held by that banker to the use of the drawer . And by sect . 19 of the 23 & 24 Vict . c . 111 ( now repealed ) , it was rendered lawful for any person to draw on his banker who bonâ fide held money for him , for a sum less than 208 ...
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Common terms and phrases
6th American edition acceptance acceptance supra protest acceptor accommodation bill action agent agreement amount authority bank notes Bank of England banker Bayley bill drawn bill of exchange bill or note bill payable bills and notes Bing Byles on Bills Camp Chan CHAPTER cheque choses in action Code common law consideration contract Court creditor debt debtor defendant delivery discharged drawer due course duty East evidence Exch executor firm foreign bill fraud given held holder for value holder in due honour illegal indorsement instrument Jones liable London Lord Ellenborough maker ment negotiable negotiable instrument note payable notice of dishonour paid partner partnership party payable on demand payable to bearer payee payment plaintiff presentment principal promise to pay promissory note recover repealed Sect signature Smith Stamp Act Stark statute Stra Taunt tion transfer United Kingdom 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.