Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the Amending Act of 1891, with Notes and Illustrations from Canadian, English and American Decisions, and References to Ancient and Modern French LawCarswell Company (Limited), 1892 - 568 pages |
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Page lix
... fact and prac- tice negotiable " ; and the jury , influenced no doubt by the natural desire to protect the owner of the note , having found for the defendant , Lord Mansfield and the Court here again set their verdict aside , on the ...
... fact and prac- tice negotiable " ; and the jury , influenced no doubt by the natural desire to protect the owner of the note , having found for the defendant , Lord Mansfield and the Court here again set their verdict aside , on the ...
Page 2
... fact above mentioned , that there has hitherto been scarcely any Dominion legislation upon the subject has doubtless been the reason why no conflict has as yet arisen between the Dominion and the Provinces . It is too much to expect + ...
... fact above mentioned , that there has hitherto been scarcely any Dominion legislation upon the subject has doubtless been the reason why no conflict has as yet arisen between the Dominion and the Provinces . It is too much to expect + ...
Page 4
... fact that although it has now been in force for nine years , not a single amendment has been found to be necessary . The amount of litigation which has arisen over it has been comparatively small , and it has been very favourably ...
... fact that although it has now been in force for nine years , not a single amendment has been found to be necessary . The amount of litigation which has arisen over it has been comparatively small , and it has been very favourably ...
Page 8
... fact the courts during that period admin- istered the English law in commercial cases : Wilcox v . Wilcox , at p ... facts concerning commercial matters , recourse shall be had , in all the courts of civil jurisdiction in the province ...
... fact the courts during that period admin- istered the English law in commercial cases : Wilcox v . Wilcox , at p ... facts concerning commercial matters , recourse shall be had , in all the courts of civil jurisdiction in the province ...
Page 31
... fact that the original portions of the Canadian Act were not prepared or arranged with the same care as must have characterized the preparation of the Imperial Act . In the latter the words defined are all arranged alphabetically ...
... fact that the original portions of the Canadian Act were not prepared or arranged with the same care as must have characterized the preparation of the Imperial Act . In the latter the words defined are all arranged alphabetically ...
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Other editions - View all
Bills, Notes And Cheques: The Bills Of Exchange Act, 1890, Canada, And The ... John James MacLaren No preview available - 2018 |
Common terms and phrases
acceptance supra protest acceptor accommodation bill addressed agent authority Bank of Montreal banker bill drawn bill of exchange bill or note bill payable bills and notes bona fide holder C. C. Art cheque Civil Code clause consideration contract Court creditor debt debtor defendant delivery discharged drawer and indorsers due course entitled fraud give notice holder for value holder in due honor ILLUSTRATIONS Imperial Act inland bill instrument law merchant Lower Canada maker maturity ment Molsons Bank negotiable non-acceptance non-payment notary note given note payable notice of dishonor Nova Scotia Ontario overruled paid partner party payable on demand payable to bearer payable to order payee personally liable place of payment plaintiff presented for payment promise to pay promissory note provinces qualified acceptance Quebec Quebec Bank recover Reports rule signature signed Statutes sub-section subsequent sufficient thereof tion transfer Upper Canada valid Vict words
Popular passages
Page 210 - 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 171 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 37 - 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 125 - ... 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 417 - 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.
Page 194 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 135 - ... on behalf of the Company, by any agent, officer or servant of the Company, in general accordance with his powers as such under the by-laws of the...
Page 247 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers.
Page 282 - A written notice need not be signed and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby.
Page 184 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.