Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61)Bell & Bradfute, 1882 - 283 pages |
From inside the book
Results 1-5 of 37
Page 1
... questions relating to bills and notes . In construing the Act , it must be recollected that its object is to codify the law on this subject , and not to introduce a new or inde- pendent system . The decisions , accordingly , of Courts ...
... questions relating to bills and notes . In construing the Act , it must be recollected that its object is to codify the law on this subject , and not to introduce a new or inde- pendent system . The decisions , accordingly , of Courts ...
Page 2
... questions con- nected with liability is altered , and a rule equivalent to the rules of the English law permitting parole evidence , is made applicable , vide 100. In one or two points the laws of the two countries remain dissimilar ...
... questions con- nected with liability is altered , and a rule equivalent to the rules of the English law permitting parole evidence , is made applicable , vide 100. In one or two points the laws of the two countries remain dissimilar ...
Page 12
... when they found that the bank had suspended payment , made no use of the letter , but raised money independently of it , and at a considerable cost . Vice- Chancellor Wood pointed out that the only question was , 12 INTRODUCTION .
... when they found that the bank had suspended payment , made no use of the letter , but raised money independently of it , and at a considerable cost . Vice- Chancellor Wood pointed out that the only question was , 12 INTRODUCTION .
Page 13
W. D. Thorburn. Chancellor Wood pointed out that the only question was , " Have the bank refused to complete the contract , or disabled themselves from performing it ? " The bank's loss of credit caused by its suspension was no more a ...
W. D. Thorburn. Chancellor Wood pointed out that the only question was , " Have the bank refused to complete the contract , or disabled themselves from performing it ? " The bank's loss of credit caused by its suspension was no more a ...
Page 15
... question therefore is on the other alternative , whether the payment which they made on the forged cheque is a payment which they are entitled to consider as valid between them and Orr and Barber . Payment on a forged cheque or order is ...
... question therefore is on the other alternative , whether the payment which they made on the forged cheque is a payment which they are entitled to consider as valid between them and Orr and Barber . Payment on a forged cheque or order is ...
Contents
155 | |
157 | |
159 | |
161 | |
162 | |
164 | |
170 | |
172 | |
87 | |
97 | |
105 | |
115 | |
121 | |
129 | |
133 | |
136 | |
138 | |
141 | |
143 | |
144 | |
147 | |
148 | |
151 | |
154 | |
174 | |
175 | |
183 | |
184 | |
185 | |
187 | |
197 | |
203 | |
214 | |
227 | |
234 | |
261 | |
265 | |
273 | |
274 | |
282 | |
Other editions - View all
Commentary on the Bills of Exchange ACT, 1882 (45 & 46 Victoria, Cap. 61) W D Thorburn No preview available - 2016 |
Common terms and phrases
20 Vict acceptance supra protest acceptor for honour accommodation bill agent amount authorised authority bank holiday bank notes Bank of England Bell's bill drawn bill of exchange bill or note bill payable cancelled claim Clydesdale Bank contract creditor crossed cheque debt debtor deemed defendant delivery discharged draft drawer or indorser due course duly duty enacted entitled ex facie foreign bill forged given granter held holder in due inland bill instrument issued law merchant letter of credit maturity ment negotiated non-payment notary notice of dishonour obligation paid parole parties liable payable on demand payable to bearer payee person place of payment plaintiff presented for payment presentment for acceptance prior indorsers promissory note proved received recourse Scotland signature signed Stamp Act stamped subsection summary diligence supra protest thereof thereto tion transfer true owner United Kingdom vide Appendix vide note writ
Popular passages
Page 186 - 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 50 - 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 may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 48 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.
Page 77 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 21 - 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 77 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 54 - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Page 104 - ... partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm.
Page 32 - A bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it should not be transferable.
Page 98 - 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.