The Law of Negotiable Instruments: Statutes, Cases and AuthoritiesErnest Wilson Huffcut Baker, Voorhis, 1910 - 885 páginas |
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Página 22
... directed on the law ; and Lord Campbell , in his life of Lord Mansfield , has left an account of Lord Mansfield's procedure . He says : " Lord Mansfield reared a body of special jurymen at Guildhall , who were generally returned on all ...
... directed on the law ; and Lord Campbell , in his life of Lord Mansfield , has left an account of Lord Mansfield's procedure . He says : " Lord Mansfield reared a body of special jurymen at Guildhall , who were generally returned on all ...
Página 25
... directed to evade inconvenient rules of the Common Law . * * Another rule of the Common Law which is found inconvenient by merchants is the old rule that a " chose in action " is not transfer- able . A " chose in action " is a right to ...
... directed to evade inconvenient rules of the Common Law . * * Another rule of the Common Law which is found inconvenient by merchants is the old rule that a " chose in action " is not transfer- able . A " chose in action " is a right to ...
Página 34
... directed the jury to find a verdict for the plaintiff , reserving liberty to the defendant's counsel to move to enter a nonsuit , if the court should be of opinion that the indorsement of the promissory note in pencil was not a good and ...
... directed the jury to find a verdict for the plaintiff , reserving liberty to the defendant's counsel to move to enter a nonsuit , if the court should be of opinion that the indorsement of the promissory note in pencil was not a good and ...
Página 49
... directed a nonsuit . The plaintiff excepted . By the Court , BEARDSLEY , J. - The nonsuit was proper . A prom- issory note must be payable absolutely , and not upon any contin- gency as to time or event . ( 3 Kent , 5th ed . p . 74 ...
... directed a nonsuit . The plaintiff excepted . By the Court , BEARDSLEY , J. - The nonsuit was proper . A prom- issory note must be payable absolutely , and not upon any contin- gency as to time or event . ( 3 Kent , 5th ed . p . 74 ...
Página 51
... directed to be paid , and one referred to as the means of reimburse- ment to its drawee , is a material one and cannot be disregarded in the construction of such instruments . Thus it is said : " When a reference is made to a special ...
... directed to be paid , and one referred to as the means of reimburse- ment to its drawee , is a material one and cannot be disregarded in the construction of such instruments . Thus it is said : " When a reference is made to a special ...
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Términos y frases comunes
acceptance supra protest acceptor action affirmed agent amount appears ASSUMPSIT authority bill or note Bills of Exchange blank bona fide holder charge cited commercial paper common law consideration contract court debt decision defendant defendant's delivered delivery demurrer discharged draft drawer drawn due course effect entitled estoppel evidence Exchange Act fact forged forgery fraud given held holder for value holder in due indorser Inst intended judgment jury law merchant liable Lord Mansfield maker Mass maturity ment National Bank negligence Negotiable Instruments Law negotiable paper non-payment notary note payable notice of dishonor obligation opinion paid party payable on demand payable to bearer payee person plaintiff plaintiff in error presented for payment principal promise to pay promissory note purchaser question reason recover refused rule signature signed statute sufficient thereof tion transfer trial usury verdict Wend words York
Pasajes populares
Página 489 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Página 797 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance ; and admits — 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
Página 816 - Where the instrument is paid by a party secondarily liable thereon it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: 1.
Página 320 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
Página 853 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
Página 795 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Página 857 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
Página 724 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But...
Página 490 - A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Página 503 - Presentment for payment is not necessary in order to charge the person primarily liable on the instrument ; but if the instrument is, by its terms, payable at a special place, and he is able and willing to pay it there at maturity, such ability and willingness are equivalent to a tender of payment upon his part.