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
Results 1-5 of 12
Page 161
... guaranty and suretyship . These terms are often loosely employed , the one for the other , and each made to express a certain broader meaning than , strictly taken , it bears . That is especially true of the use of the term surety or ...
... guaranty and suretyship . These terms are often loosely employed , the one for the other , and each made to express a certain broader meaning than , strictly taken , it bears . That is especially true of the use of the term surety or ...
Page 162
... guaranty and suretyship under the general designation of contracts of assurance , by which will then be meant any ... guaranty may be and com- monly is given , guaranty , that is , in the specific sense ; secondly , supposing the ...
... guaranty and suretyship under the general designation of contracts of assurance , by which will then be meant any ... guaranty may be and com- monly is given , guaranty , that is , in the specific sense ; secondly , supposing the ...
Page 164
... guaranty , that there must be a separate consideration to support the assuring engage- ment ; that the consideration which supports the principal contract will not support the guaranty . There are one or two apparent exceptions ; first ...
... guaranty , that there must be a separate consideration to support the assuring engage- ment ; that the consideration which supports the principal contract will not support the guaranty . There are one or two apparent exceptions ; first ...
Page 165
... guaranty ; it is enough that a consideration to support the guaranty existed in fact , and the fact may be shown at the trial . The conclusion then is that in regard to the first pecu- liarity of the law merchant , consideration , a ...
... guaranty ; it is enough that a consideration to support the guaranty existed in fact , and the fact may be shown at the trial . The conclusion then is that in regard to the first pecu- liarity of the law merchant , consideration , a ...
Page 166
... guaranty the payment of the within note , ' signing the same , and transfers the note to another who indorses it to ... guaranty , except in so far as indorsement is guaranty ; it requires indorsement to trans- fer full legal title to ...
... guaranty the payment of the within note , ' signing the same , and transfers the note to another who indorses it to ... guaranty , except in so far as indorsement is guaranty ; it requires indorsement to trans- fer full legal title to ...
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.