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 5
... paper in evidence . The promise to pay is presumed to have been based upon consideration . So far the old law appears to have made concession to the custom , which treated the paper as the sufficient evidence , presump- tively , of the ...
... paper in evidence . The promise to pay is presumed to have been based upon consideration . So far the old law appears to have made concession to the custom , which treated the paper as the sufficient evidence , presump- tively , of the ...
Page 7
... paper , the act is called indorsement , and the party an indorser . The person to whom the paper is then or afterwards passed is called indorsee or holder . The term holder is some- times applied to the payee ; the term indorsee is ...
... paper , the act is called indorsement , and the party an indorser . The person to whom the paper is then or afterwards passed is called indorsee or holder . The term holder is some- times applied to the payee ; the term indorsee is ...
Page 16
... paper should be made so payable . In some States promises to pay in things not money have been treated as standing in part on the footing of paper of the law merchant . The presumption of considera- tion has been applied to them ; while ...
... paper should be made so payable . In some States promises to pay in things not money have been treated as standing in part on the footing of paper of the law merchant . The presumption of considera- tion has been applied to them ; while ...
Page 20
... paper of the law merchant that language unnecessary to such paper is used in it , provided the additional language does not make the promise or order conditional or contingent . To add a pro- vision for reimbursement , in the case of an ...
... paper of the law merchant that language unnecessary to such paper is used in it , provided the additional language does not make the promise or order conditional or contingent . To add a pro- vision for reimbursement , in the case of an ...
Page 22
... paper is a breach of his con- tract , a rule peculiar largely to the law merchant . But if it should be desirable to bring an action upon the day of the maturity of the paper , it would be necessary to make a demand , otherwise there ...
... paper is a breach of his con- tract , a rule peculiar largely to the law merchant . But if it should be desirable to bring an action upon the day of the maturity of the paper , it would be necessary to make a demand , otherwise there ...
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.