Cyclopedia of Law ...American Correspondence School of Law, 1912 |
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Página xi
... Contract as Regards Time , Act or Amount • 175 ... 177 Effect of the Statute of Frauds upon the Contract ..... Same Subject - Effect When the Contract Is within the Stat- ute and Not in Writing ... 6 182 CHAPTER II . LIABILITY OF SURETY ...
... Contract as Regards Time , Act or Amount • 175 ... 177 Effect of the Statute of Frauds upon the Contract ..... Same Subject - Effect When the Contract Is within the Stat- ute and Not in Writing ... 6 182 CHAPTER II . LIABILITY OF SURETY ...
Página xii
... Contract of Surety or Guarantor . 184 When the Surety May Be Sued .. ..186 Same Subject - Meaning of Due Diligence .. .188 Liability of Surety for Payment of Overdue Notes and for .189 .... .190 Rent When Tenant Holds Over ... ..190 ...
... Contract of Surety or Guarantor . 184 When the Surety May Be Sued .. ..186 Same Subject - Meaning of Due Diligence .. .188 Liability of Surety for Payment of Overdue Notes and for .189 .... .190 Rent When Tenant Holds Over ... ..190 ...
Página 2
... contracts could not be assigned , the reason being that the right con- ferred by a contract is a right to sue , or a " chose in ac- tion , " and to permit this action to be assigned was held to be an encouragement to litigation and not ...
... contracts could not be assigned , the reason being that the right con- ferred by a contract is a right to sue , or a " chose in ac- tion , " and to permit this action to be assigned was held to be an encouragement to litigation and not ...
Página 37
... contracts , would seem to make it unnecessary to employ words to indi- cate that the contract can be assigned , as all choses in action are now assignable . Now by statute in the various States , as well as by decisions the words of ...
... contracts , would seem to make it unnecessary to employ words to indi- cate that the contract can be assigned , as all choses in action are now assignable . Now by statute in the various States , as well as by decisions the words of ...
Página 46
... contracts , in general , are governed by the same rules which apply to all contracts as regards the capacity of the parties to enter into the contract or assume the obligation . Hence we shall merely observe at this time that infants ...
... contracts , in general , are governed by the same rules which apply to all contracts as regards the capacity of the parties to enter into the contract or assume the obligation . Hence we shall merely observe at this time that infants ...
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Términos y frases comunes
acceptance acceptor action agent amount assignment assumpsit authority Bank Benj.'s Chalmers bill of exchange bill or note bind bona fide holder bond bound charge co-sureties commercial paper common law consideration contract corporation coupon bonds court creditor Cyclopedia of Law default defendant delivery demand discharge the surety drawer drawn equity evidence executed fact Fargo & Co fraud funds give notice given Guar guaranty held holder for value honor indorser interest judgment jury law merchant letter of credit liability maker maturity ment merchant mortgage negotiable instrument non-payment notary notice of dishonor obligation paid party payable to bearer payee person plaintiff plaintiff in error presentment for payment principal debtor promise to pay promissory note protest question reasonable recover rule signature statute statute of frauds subrogation surety or guarantor suretyship thereof Tiedeman tion transfer valid value received void words
Pasajes populares
Página 177 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Página 243 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Página 238 - ... 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Página 239 - Does not specify the place where it is drawn or the place where it is payable; or 4.
Página 251 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.
Página 178 - ... instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.— 1909-193.
Página 273 - The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer.
Página 255 - When a person not otherwise a party to an instrument places thereon his signature in blank before delivery, he is liable as indorser in accordance with the following rules: 1. If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.
Página 11 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Página 248 - A special indorsement specifies the person to whom, or to whose order, the instrument is to be payable ; and the indorsement of such indorsee is necessary to the further negotiation of the instrument.