EXPLANATORY NOTE The section numbers opposite the titles of cases and elsewhere refer to the sections of the New York Negotiable Instruments Law. Where cases ir other jurisdictions cite the Negotiable Instruments Law, the corresponding sections of the New York Act are given in the footnotes, except where the context renders this cross-reference unnecessary. CASES AND AUTHORITIES ON NEGOTIABLE INSTRUMENTS. ARTICLE I. GENERAL PROVISIONS. I. Codes governing bills, notes and checks. 1. THE ENGLISH BILLS OF EXCHANGE ACT. A DIGEST OF THE LAW OF BILLS OF EXCHANGE, PROMISSORY NOTES AND CHEQUES. BY M. D. CHALMERS,1 M. A., OF THE INNER TEMPLE, BARRISTER AT LAW. LONDON, 1878. [From the Introduction to the First Edition.] This In a In this As far as form goes, the present Digest is modeled on the Indian Codes. * It is almost needless to point out, that the similarity between the Indian Codes and a Digest like the present is merely resemblance in form. There all analogy ends. In a code the subject in hand is treated completely and finally. A code states methodically the law as the legislature is of opinion that it ought to be. Digest is an attempt to state methodically the law as it is. code, propositions and illustrations are alike authoritative. Digest, the illustrations taken from decided cases are alone authoritative. The general propositions are only entitled to weight in so far as they are complete and legitimate inductions from decided cases which are unquestioned law. A general proposition, supported by reference to cases, merely amounts to a verifiable hypothesis as to what the law is. In the theory of English law, there exists in nubibus a complete set of principles applicable to every conceivable state of facts that can arise. Theoretically the judges do not make law. They only interpret it. They are merely the conductors by which the principle is brought down from the clouds and made available to 1 Now his Honor Judge Chalmers. |