Elements of the Law of Bills, Notes, and Cheques and the English Bills of Exchange Act ...Little Brown,, 1893 - 325 pages |
From inside the book
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Page 2
... action , that is , undertakings to pay , pass from hand to hand like money . The common law knew nothing of that ; or rather the common law repudiated entirely the notion that a promise by A to B could be treated as a promise extending ...
... action , that is , undertakings to pay , pass from hand to hand like money . The common law knew nothing of that ; or rather the common law repudiated entirely the notion that a promise by A to B could be treated as a promise extending ...
Page 8
... action by the payee of a promissory note against the maker , -there must somewhere be a valuable consideration to sup- port an action against the maker by the payee's indorsee . So if there be a want of union of minds between the maker ...
... action by the payee of a promissory note against the maker , -there must somewhere be a valuable consideration to sup- port an action against the maker by the payee's indorsee . So if there be a want of union of minds between the maker ...
Page 10
... action upon the instrument on breach of the contract.1 The law merchant however has never prescribed any particular writing material , or any particular material for receiving the writing . The instrument may be written with pencil as ...
... action upon the instrument on breach of the contract.1 The law merchant however has never prescribed any particular writing material , or any particular material for receiving the writing . The instrument may be written with pencil as ...
Page 22
... action upon the day of the maturity of the paper , it would be necessary to make a demand , otherwise there could be no dishonor , - that is , breach of the contract , on that day , until indeed the close of business hours , and then it ...
... action upon the day of the maturity of the paper , it would be necessary to make a demand , otherwise there could be no dishonor , - that is , breach of the contract , on that day , until indeed the close of business hours , and then it ...
Page 28
... action for the breach of the contract in such a case , and hence when that right of action is pursued to its end , obvi- ously nothing more can be done . There are not as many rights of action as there are parties ; and if suit should ...
... action for the breach of the contract in such a case , and hence when that right of action is pursued to its end , obvi- ously nothing more can be done . There are not as many rights of action as there are parties ; and if suit should ...
Other editions - View all
Elements of the Law of Bills, Notes, and Cheques and the English Bills of ... Melville Madison Bigelow No preview available - 2019 |
Elements of the Law of Bills, Notes, and Cheques and the English Bills of ... Melville Madison Bigelow No preview available - 2019 |
Common terms and phrases
acceptance supra protest accordingly agent agreement Allen alteration authority Bank of England Bank of United bill of exchange blank bona fide holder cheque common law courts creditor debt deemed defendant is indorser defendant's delivery demand discharge doctrine drawer drawn duly effect entitled to recover equity equivalent Estoppel evidence example excuse fact favor foreign bill fraud funds give notice given grace guaranty held hence holder for value inland bill instrument Iowa law merchant maker or acceptor Mass maturity ment necessary negotiable negotiable instrument non-payment notary notice of dishonor notifying Ohio St paper payable payee Penn person place of business plaintiff holder post-office presented for payment presentment for acceptance presumption promise to pay promissory note question reasonable diligence received regard residence rule sentment signature signed Smedes Smith statute steps surety suretyship taken tion treated undertaking waiver Wend words writing
Popular passages
Page 257 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Page 295 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Page 270 - Where an instrument is payable to the order of two or more payees, or indorsees who are not partners, all must indorse, unless the one indorsing has authority to indorse for the others. Sec. 42. [Effect of instrument drawn or indorsed to a person as cashier...
Page 265 - 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; and in such case the delivery may be shown to have been conditional or for a special purpose only...
Page 282 - A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business, or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary.
Page 298 - 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 264 - An acceptance to pay at a particular place is a general acceptance unless it expressly states that the bill is to be paid there only and not elsewhere.
Page 278 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 280 - 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 268 - 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.