The Law of Negotiable Instruments: Statutes, Cases and AuthoritiesErnest Wilson Huffcut Baker, Voorhis, 1910 - 885 páginas |
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Página 29
... hands ; though a drawee , even though he had funds in his hand , would not be bound to accept a bill of exchange . So far , the law of negotiable instruments , ( bills of exchange , promissory notes , cheques , bank notes ) , has been ...
... hands ; though a drawee , even though he had funds in his hand , would not be bound to accept a bill of exchange . So far , the law of negotiable instruments , ( bills of exchange , promissory notes , cheques , bank notes ) , has been ...
Página 31
... hands of a holder with notice . As French lawyers put it , a bill of exchange necessarily presupposes a contract of exchange . In England , since 1765 , a bill may be drawn payable to bearer , though formerly it was otherwise . In ...
... hands of a holder with notice . As French lawyers put it , a bill of exchange necessarily presupposes a contract of exchange . In England , since 1765 , a bill may be drawn payable to bearer , though formerly it was otherwise . In ...
Página 33
... hand , in Gorgier v . Mieville , certain foreign bonds were held to be negotia- ble instruments on proof that bonds of that description were sold in the English market , and passed from hand to hand daily like Exchequer bills . And that ...
... hand , in Gorgier v . Mieville , certain foreign bonds were held to be negotia- ble instruments on proof that bonds of that description were sold in the English market , and passed from hand to hand daily like Exchequer bills . And that ...
Página 55
... hands of the payee . It is also insisted , that the instrument shows , on its face , that payment depended upon a condition precedent to be performed by the payee , and therefore the indorsee took it with notice , and by the failure of ...
... hands of the payee . It is also insisted , that the instrument shows , on its face , that payment depended upon a condition precedent to be performed by the payee , and therefore the indorsee took it with notice , and by the failure of ...
Página 74
... hands of a bona fide indorsee for value . Plain- tiff demurred , and the sole question presented was , whether the inser- tion in the notes of the words , " with current exchange on New York City , " rendered the notes non - negotiable ...
... hands of a bona fide indorsee for value . Plain- tiff demurred , and the sole question presented was , whether the inser- tion in the notes of the words , " with current exchange on New York City , " rendered the notes non - negotiable ...
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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.