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 Europe

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C. C. Little and J. Brown, 1851 - 718 páginas

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Página 3 - ... and also every such note payable to any person or persons, body politick and corporate, his, her, or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Página 191 - 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 232 - They directly establish* that a bona fide holder, taking a negotiable note in payment of or as security for a pre-existing debt, is a holder for a valuable consideration, entitled to protection against all the equities between the antecedent parties.
Página 3 - That all notes in writing that, after the first day of May, in the year of our Lord one thousand seven hundred and five, shall be made and signed by any person or persons, body politic or corporate, or by the servant or agent of any corporation, banker, goldsmith, merchant or trader...
Página 604 - I think there was no error in the judgment of the Court below, and that it should, therefore, be affirmed.
Página 177 - Generally speaking the validity of a contract is to be decided by the law of the place, where it is made...
Página 230 - But establish the opposite conclusion, that negotiable paper cannot be applied in payment of or as security for pre-existing debts, without letting in all the equities between the original and antecedent parties, and the value and circulation of such securities must be essentially diminished, and the debtor driven to the embarrassment of making a sale thereof, often at a ruinous discount, to some third person, and then by circuity to apply the proceeds to the payment of his debts. What, indeed, upon...
Página 181 - Hardwicke, that in a British court we cannot take notice of the revenue laws of a foreign state. It would be productive of prodigious inconvenience, if, in every case, in which an instrument was executed in a foreign country, we were to receive in evidence, what the law of that country was, in order to ascertain whether the instrument was, or was not, valid.
Página 153 - A great mass of human transactions depends upon implied contracts ; upon contracts which are not written, but which grow out of the acts of the parties. In such cases, the parties are supposed to have made those stipulations, which, as honest, fair, and just men, they ought to have made.
Página 230 - ... we are prepared to say, that receiving it in payment of, or as security for, a preexisting debt, is according to the known usual course of trade and business.

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