A Treatise on the Law of Promissory Notes and Bills of Exchange, Volumen1J. B. Lippincott & Company, 1873 |
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Página 3
... authority or document , or by any other authority than the statement of Cleirac , in 1661 , made nearly five hundred years after the alleged event , and which seems to have been repeated by subsequent French writers without much further ...
... authority or document , or by any other authority than the statement of Cleirac , in 1661 , made nearly five hundred years after the alleged event , and which seems to have been repeated by subsequent French writers without much further ...
Página 16
... authority to receive the money . On the other hand , a notary - public , called by the plaintiff , testi- fied , that a bill was negotiable , notwithstanding the omission of these words , and that no objection of this sort was ever made ...
... authority to receive the money . On the other hand , a notary - public , called by the plaintiff , testi- fied , that a bill was negotiable , notwithstanding the omission of these words , and that no objection of this sort was ever made ...
Página 22
... authority for saying , that , where the law requires a contract to be in writing , that writing must be in ink . The passage cited from Lord Coke shows that a deed must be written on paper or parchment , but it does not show that it ...
... authority for saying , that , where the law requires a contract to be in writing , that writing must be in ink . The passage cited from Lord Coke shows that a deed must be written on paper or parchment , but it does not show that it ...
Página 27
... authority , the last would be the rule ; in the English case in which it was , with some difficulty , so de- termined , the figures were for a larger sum , and the stamp was ap- plicable to that sum . ( v ) In this country , where the ...
... authority , the last would be the rule ; in the English case in which it was , with some difficulty , so de- termined , the figures were for a larger sum , and the stamp was ap- plicable to that sum . ( v ) In this country , where the ...
Página 35
... authorities , that it is quite sufficient to make a note by a description or designatio persona of this kind ; but we do not ... authority to show that under such circum- stances we can hold this instrument to be a note payable to bearer ...
... authorities , that it is quite sufficient to make a note by a description or designatio persona of this kind ; but we do not ... authority to show that under such circum- stances we can hold this instrument to be a note payable to bearer ...
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Otras ediciones - Ver todas
Términos y frases comunes
acceptance acceptor action actual agent allowed amount appear apply authority Bank become bill of exchange bind bound charge circumstances consideration considered contract course court debt decided decision defendant delivered demand directed discharge dishonor doubt draw drawer drawn effect England evidence express fact firm fraud give given grace ground hands held Hill hold holder indorser infant interest Johns jury knowledge latter liable Lord Maine maker Mass means merchants months necessary negotiable note payable notice objection opinion original paid particular partnership party payable payee payment person Pick plaintiff presentment principal promise promissory note proof prove question reasonable received recover refusal respect rule seems sent signed Smith statute sufficient supra surety taken third tion transfer unless valid Wend writing written
Pasajes populares
Página 77 - No action shall be brought whereby to charge any person upon any promise made after full age to pay any debt contracted during infancy, or upon any ratification made after full age of any promise or contract made during infancy, whether there shall or shall not be any new consideration for such promise or ratification after full age.
Página 340 - ... there must be no unreasonable or improper delay. Whether there has been in any particular case reasonable diligence used, or whether unreasonable delay has occurred, is a mixed question of law and fact, to be decided by the jury acting under the direction of the Judge, upon the particular circumstances of each case.
Página 9 - ... and also every such note payable to any person or persons, body politic 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 323 - ... still his attention may reasonably be lessened by the assertion that the call itself makes to him in fact, though no assertion may be made in words. And the fault, if he pays on a forged signature, is not wholly and entirely his own, but begins at least with the person who thus calls upon him. And though where all the negligence is on one side it may perhaps be unfit to inquire into the quantum, yet where there is any fault in the other party, and that other party cannot be said to be wholly...
Página 171 - ... of some of its officers be used, it should be declared on and treated as a promise to the corporation And there is no so safe criterion as the consideration.
Página 129 - It is not essential to a partnership that one partner should have power to draw bills and notes in the partnership firm to charge the others : they may stipulate between themselves that it shall not be done ; and if a third person, having notice of this, will take such a security from one of the partners, he shall not sue the others upon it, in breach of such stipulation, nor in defiance of a notice, previously given to him by one of them, that he will not be liable for any bill or note signed by...
Página 655 - Such damages shall be in lieu of interest, charges of protest, and all other charges incurred previous to, and at the time of giving notice of non-payment ; but the holder...
Página 453 - ... Precision and certainty are often of more importance to the rules of law, than their abstract justice. On this point there is no other rule that can be laid down, which will not leave too much latitude as to place and distance. Besides which, it is consistent with analogy to other cases, that the indorser should stand committed, in this respect, by the conduct of the maker. For his absconding or removal out of the kingdom, the indorser is held, in England, to stand committed...
Página 9 - ... to pay to any other person or persons, body politic and corporate, his, her, or their order, or unto bearer, any sum of money mentioned in such Note, shall be taken and construed to be, by virtue thereof, due and payable to any such person or persons, body politic and corporate, to whom the same is made payable...
Página 332 - A creditor shall not be permitted to split up a single cause of action into many actions, without the assent of his debtor, since it may subject him to many embarrassments and responsibilities not contemplated in his original contract.