Commentaries on the Law of Promissory Notes: And Guaranties of Notes, and Checks on Banks and Bankers. With Occasional Illustrations from the Commercial Law of the Nations of Continental EuropeLittle, Brown and Company, 1856 - 696 páginas |
Otras ediciones - Ver todas
Términos y frases comunes
2d edit 8th edit acceptor action Adolp agent authority Bank Bank of United banker Barn Bayley on Bills bearer becomes due Bill or Note Bills of Exchange bind Bing Camb Chitty on Bills choses in action Code de Comm Conflict of Laws consideration contract Court Cowen creditor Cressw days of grace debt debtor deemed defendant demand discharge dishonor doctrine drawer Droit Comm due notice due presentment Ellis England entitled French law given guaranty Heinecc held holder Ibid indorser instrument John Kent latter Law and Eq law of France Lect liable Lord maker Mass Mees ment negotiable Note payable obligation paid Pardessus payee person Pick plaintiff Pothier principal PROM promise to pay Promissory Note reason received rule statute Story on Agency Story on Bills Story on Conflict sufficient surety thereof Thomson on Bills transfer valid Wend
Pasajes populares
Página 221 - ... to apply the proceeds to the payment of his debts. What, indeed, upon such a doctrine, would become of that large class of cases, where new notes are given by the same or by other parties, by way of renewal or security to banks, in lieu of old securities discounted by them, which have arrived at maturity ? Probably more than onehalf of all bank transactions in our country, as well as those of other countries, are of this nature.
Página 167 - Generally speaking, the validity of a contract is to be decided by the law of the place where it is made.
Página 220 - ... made upon the transfer thereof, but also in payment of and as security for preexisting debts. The creditor is thereby enabled to realize or to secure his debt, and thus may safely give a prolonged credit, or forbear from taking any legal steps to enforce his rights. The debtor also has the advantage of making his negotiable securities of equivalent value to cash. But establish the opposite conclusion, that negotiable paper cannot...
Página 454 - But it should, at least, inform the party to whom it is addressed, either in express terms or by necessary implication, that the bill has been dishonoured, and that the holder looks to him for payment of the amount.
Página 179 - But where the contract is. either expressly or tacitly, to be performed in any other place, there the general rule is in conformity to the presumed intention of the parties that the contract, as to its validity, nature, obligation, and interpretation, is to be governed by the law of the place of performance.
Página 598 - ... delivered our opinions upon both exceptions. We are of opinion, that there is no error in the judgment of the court below, and that it ought to be affirmed. Judgment affirmed.
Página 423 - But the language of the learned judge who delivered the opinion of the court in that case is conclusive on the point of a mortgage. "The United States," said he, "are to be first satisfied; but then it must be out of the debtor's estate.
Página 228 - ... under circumstances which ought to have excited the suspicion of a prudent and careful man.
Página 116 - ... maker does not, and also provided it is duly presented for payment and upon refusal is duly protested and notice of protest given the indorser. In domestic bills and notes the protest may be omitted and instead notice of non-payment may be given the indorser. It...
Página 87 - By marriage, the husband and wife are one person in law: that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of her husband: under whose wing, protection and cover, she performs everything...