A Treatise on the Law of Promissory Notes and Bills of Exchange, Volumen1J.B. Lippincott, 1876 |
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Página 10
... action against the indorser , it might peradventure lie ; for the indorsement may be said to be tantamount to the ... action was by an indorsee of a promissory note against the maker ; and Lord Holt was of opinion that the action would ...
... action against the indorser , it might peradventure lie ; for the indorsement may be said to be tantamount to the ... action was by an indorsee of a promissory note against the maker ; and Lord Holt was of opinion that the action would ...
Página 11
... action against the parson , as drawer of the bill . No objection appears to have been made on the ground that the bill was inland . In Buller v . Crips , 6 Mod . 29 ( 1702 ) , Holt , C. J. said : " I remember when actions upon inland ...
... action against the parson , as drawer of the bill . No objection appears to have been made on the ground that the bill was inland . In Buller v . Crips , 6 Mod . 29 ( 1702 ) , Holt , C. J. said : " I remember when actions upon inland ...
Página 12
... action ; and said that this note could not be a bill of exchange . That the maintaining of these actions upon such notes were innovations upon the rules of the common law ; and that it amounted to the setting up a new sort of specialty ...
... action ; and said that this note could not be a bill of exchange . That the maintaining of these actions upon such notes were innovations upon the rules of the common law ; and that it amounted to the setting up a new sort of specialty ...
Página 34
... action on a note whereby the maker promised to pay to A or to B and Ca sum therein specified , value received ; and it was held not to be a promissory note within the meaning of the statute of Anne . Campbell , arguendo , said : " This ...
... action on a note whereby the maker promised to pay to A or to B and Ca sum therein specified , value received ; and it was held not to be a promissory note within the meaning of the statute of Anne . Campbell , arguendo , said : " This ...
Página 68
... action certainly cannot be maintained . The defendant is allowed to be an infant ; and did any one ever hear of an infant being liable as acceptor of a bill of exchange ? The replication is nonsense , and ought to have been demurred to ...
... action certainly cannot be maintained . The defendant is allowed to be an infant ; and did any one ever hear of an infant being liable as acceptor of a bill of exchange ? The replication is nonsense , and ought to have been demurred to ...
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Términos y frases comunes
acceptor action agent amount assignment assumpsit authority Bank Barb bill drawn bill of exchange bill or note bind blank bona fide holder bound Branch Bank cashier choses in action Conn contract corporation court Cowen creditor Cush debt debtor defendant delivered demand Denio discharge drawer England evidence Exch executor firm fraud give held Horace Gray husband indorsement infant instrument jury law merchant liable Lord Lord Ellenborough Lord Tenterden maker Mass ment merchants Misso negotiable note negotiable paper note given note or bill note payable notice opinion paid Parsons on Cont partner partnership party payee payment Penn Pick plaintiff present principal promise to pay promisor promissory note prove purpose question ratification reason recover rule signature signed Smedes Smith statute statute of Anne sufficient supra surety tion transaction transfer valid value received void voidable Wend wife words
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...