A Treatise on the Law of Promissory Notes and Bills of Exchange, Volumen1J.B. Lippincott, 1876 |
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Términos y frases comunes
acceptance acceptor action actual agent amount appear apply assignment authority Bank become bill of exchange bind bound charge circumstances cited consideration considered contract course court debt decided decision defendant delivered demand directed discharge dishonor doubt draw drawer drawn effect England entitled evidence express fact firm fraud funds give given grace ground hands held Hill holder indorser interest Johns jury knowledge latter liable Lord Maine maker Mass maturity means merchants months necessary negotiable note payable notice objection opinion paid particular partnership party payable payee payment person Pick plaintiff presentment principal promise promissory note proof prove question reason received recover refused respect rule seems sent signed Smith statute sufficient suit supra surety taken third tion transfer unless Wend writing
Pasajes populares
Página 77 - That no action shall be maintained whereby to charge any person upon any promise made, after full age, to pay any debt contracted during infancy, or upon any ratification, after full age...
Página 134 - We are not aware of any instance, in which a person has been allowed, as plaintiff in a court of law, to rescind his own act, on the ground, that such act was a fraud on some other person whether the party seeking to do this has sued in his own name only, or jointly with such other person.
Página 340 - ... there must be no unreasonable or improper delay. Whether there has been in any particular case reasonable diligence used, or whether unreasonable delay has occurred, is a mixed question of law and fact, to be decided by the jury acting under the direction of the Judge, upon the particular circumstances of each case.
Página 273 - ... the maker of a promissory note, or the acceptor of a bill of exchange, payable at a particular place and not elsewhere, who has no right to insist on immediate presentment at that place.
Página 191 - And for the like reason, in an action by the indorsee against the acceptor of a bill of exchange...
Página 265 - But where it is practicable for the court to declare a particular weapon dangerous or not, it is its duty to do so. A dangerous weapon is one likely to produce death or great bodily injury.
Página 19 - ... form of a draft or bill of exchange, except that it is not addressed to or drawn upon any one, and therefore lacks one essential characteristic of a bill. It is not in the ordinary form of a promissory note, for it is not in express terms a promise, but a request to pay. It is familiar law, however, that no particular form of words is necessary to constitute a promissory note. There need not be a promise in express terms ; it being sufficient if an undertaking to pay is implied in the contents...
Página 111 - As if a blind man had a note falsely and fraudulently read to him. and he indorsed it, supposing it to be the note read to him.
Página 336 - It has been decided in bankruptcy that if a creditor gives an order on his debtor to pay a sum in discharge of his debt, and that order is shown to the debtor, it binds him. On the other hand this doctrine has been brought into doubt by some decisions in the courts of law which require that the party receiving the order should, in some way, enter into a contract.
Página 9 - ... to pay to any other person or persons, body politic and corporate, his, her, or their order, or unto bearer, any sum of money mentioned in such Note, shall be taken and construed to be, by virtue thereof, due and payable to any such person or persons, body politic and corporate, to whom the same is made payable...