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 EuropeC. C. Little and J. Brown, 1851 - 718 páginas |
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Página 127
... notice without delay to such person of a failure in the attempt to procure a proper acceptance or payment ; and a ... due notice thereof given CH . III . ] RIGHTS AND DUTIES OF PARTIES . 127.
... notice without delay to such person of a failure in the attempt to procure a proper acceptance or payment ; and a ... due notice thereof given CH . III . ] RIGHTS AND DUTIES OF PARTIES . 127.
Página 128
... due notice thereof given to the indorsers , to sue the maker , if the indorsers , or any of them , request him so to do . He has his choice in this respect to sue whom he pleases , and all are in default to him . On the contrary , it is ...
... due notice thereof given to the indorsers , to sue the maker , if the indorsers , or any of them , request him so to do . He has his choice in this respect to sue whom he pleases , and all are in default to him . On the contrary , it is ...
Página 131
... due presentment of the Note , and to give due notice of the dishonor ; otherwise , by his laches , he makes the Note his own , and discharges the party from whom he received it , from all liability for any loss sus- tained thereby . But ...
... due presentment of the Note , and to give due notice of the dishonor ; otherwise , by his laches , he makes the Note his own , and discharges the party from whom he received it , from all liability for any loss sus- tained thereby . But ...
Página 132
... due time , and that due notice be given to him of the dishonor . ' A distinction was once taken between the transfer of a bill , or check , for a precedent debt , and for a debt , arising at the time of the transfer ; and it was held ...
... due time , and that due notice be given to him of the dishonor . ' A distinction was once taken between the transfer of a bill , or check , for a precedent debt , and for a debt , arising at the time of the transfer ; and it was held ...
Página 147
... due on the Note , and also as an undertaking , that it shall be paid to him upon due presentment ; and , there- fore , as involving , in case of dishonor , and due notice 1 Story on Bills , 60 , 199 ; Bayley on Bills , ch . 5 , § 1 , p ...
... due on the Note , and also as an undertaking , that it shall be paid to him upon due presentment ; and , there- fore , as involving , in case of dishonor , and due notice 1 Story on Bills , 60 , 199 ; Bayley on Bills , ch . 5 , § 1 , p ...
Otras ediciones - Ver todas
Commentaries on the Law of Promissory Notes, and Guaranties of Notes, and ... Joseph Story Vista de fragmentos - 1851 |
Commentaries on the Law of Promissory Notes, and Guaranties of Notes, and ... Charles Sumner,Joseph Story Sin vista previa disponible - 2015 |
Commentaries On the Law of Promissory Notes, and Guaranties of Notes, and ... Joseph Story Sin vista previa disponible - 2018 |
Términos y frases comunes
2d edit 8th edit acceptor action Adolp agent assignment authority Bank Bank of United banker Barn Bayley on Bills bearer becomes due Bill or Note Bills of Exchange Bing blank bound Camb Chitty on Bills circumstances 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 equities French Law give notice given guaranty Heinecc held Ibid indorser instrument John Kent latter law of France Lect liable Lord maker Mass Mees ment missory Notes negotiable Note payable paid Pardessus pay the Note payee person Pick plaintiff post-office Pothier principal promise to pay Promissory Note reason received residence rule statute Story on Bills Story on Conflict sufficient surety Taunt thereof Thomson on Bills tion transfer valid Wend
Pasajes populares
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.