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 37
... protest and notice , such as would bind the drawer , on D's refusal to pay , for the drawer never requested him to pay . 2 Spear v . Pratt , 2 Hill , 582 ; L. C. 32 . 3 Compare Foster v . Mackinnon , L. R. 4 C. P. 704 ; L. C. 554 ...
... protest and notice , such as would bind the drawer , on D's refusal to pay , for the drawer never requested him to pay . 2 Spear v . Pratt , 2 Hill , 582 ; L. C. 32 . 3 Compare Foster v . Mackinnon , L. R. 4 C. P. 704 ; L. C. 554 ...
Page 39
... protest , ' acceptance in case of need , ' and ' vir- tual ' acceptance . These are at best but cases of quasi- acceptance ; none of them has the effect of acceptance proper . They will now be severally explained . Acceptance by giving ...
... protest , ' acceptance in case of need , ' and ' vir- tual ' acceptance . These are at best but cases of quasi- acceptance ; none of them has the effect of acceptance proper . They will now be severally explained . Acceptance by giving ...
Page 41
... protest , — whence the term supra protest , ' a third person ordinarily , who may or may not be a party to the bill , accepts it for the honor of the drawer or of any other party or parties , or of all the parties . This acceptance is ...
... protest , — whence the term supra protest , ' a third person ordinarily , who may or may not be a party to the bill , accepts it for the honor of the drawer or of any other party or parties , or of all the parties . This acceptance is ...
Page 42
... protest , if he was not bound to accept in the ordinary way . He may in that way himself become holder of the bill , and hence entitled to maintain suit upon it . For example : A draws a bill of exchange upon B , payable to the order of ...
... protest , if he was not bound to accept in the ordinary way . He may in that way himself become holder of the bill , and hence entitled to maintain suit upon it . For example : A draws a bill of exchange upon B , payable to the order of ...
Page 59
... protest and notice of dis- honor , whether on non - acceptance or non - payment after acceptance . Indeed , though presentment for acceptance may be unnecessary , protest and notice are required on pain of discharging the drawer , and ...
... protest and notice of dis- honor , whether on non - acceptance or non - payment after acceptance . Indeed , though presentment for acceptance may be unnecessary , protest and notice are required on pain of discharging the drawer , and ...
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.