The Law of Bills, Notes, and Checks: Illustrated by Leading CasesLittle, Brown,, 1880 - 692 páginas |
Dentro del libro
Resultados 1-5 de 74
Página 26
... of receiving from Elisha Josselyn a note of the said John of the same amount . " The court held that the plaintiff could not recover in that action , but might cancel the words written , and substitute , " for value 26 FORM AND REQUISITES .
... of receiving from Elisha Josselyn a note of the said John of the same amount . " The court held that the plaintiff could not recover in that action , but might cancel the words written , and substitute , " for value 26 FORM AND REQUISITES .
Página 28
... recover the amount of a promissory note made by one Ryan to the plaintiff , the name of the defendant , Briggs , was written on the back of it , and the court say that , according to several decisions , it was right to declare against ...
... recover the amount of a promissory note made by one Ryan to the plaintiff , the name of the defendant , Briggs , was written on the back of it , and the court say that , according to several decisions , it was right to declare against ...
Página 36
... recover in the present action ; and that it was no legal objection to such re- covery that the promise to accept the present bill was made to the drawers thereof , previous to the existence of such bill , or that the bill had been taken ...
... recover in the present action ; and that it was no legal objection to such re- covery that the promise to accept the present bill was made to the drawers thereof , previous to the existence of such bill , or that the bill had been taken ...
Página 41
... recover the amount with charges and interest . The first question is understood to be waived . It is a question which was decided by the court at the trial , and could not arise after verdict , unless a motion had been made for a new ...
... recover the amount with charges and interest . The first question is understood to be waived . It is a question which was decided by the court at the trial , and could not arise after verdict , unless a motion had been made for a new ...
Página 43
... recover its amount from the drawer and indorsers . This cause came on to be heard , on a certificate of division of opinion of the judges of the Circuit Court of the United States , for the Southern District of New York , and on the ...
... recover its amount from the drawer and indorsers . This cause came on to be heard , on a certificate of division of opinion of the judges of the Circuit Court of the United States , for the Southern District of New York , and on the ...
Otras ediciones - Ver todas
The Law of Bills, Notes, and Checks: Illustrated by Leading Cases Melville Madison Bigelow Sin vista previa disponible - 2018 |
The Law of Bills, Notes, and Checks: Illustrated by Leading Cases Melville Madison Bigelow Sin vista previa disponible - 2015 |
Términos y frases comunes
Acceptance supra protest action agent Allen amount assumpsit authority Bank of United bearer bill of exchange bill or note bona fide holder Byles Chitty cited commercial paper Conn consideration contract day of grace debt decision declaration defendant demand and notice demand of payment doctrine dorser draft drawn due diligence entitled evidence facie fact fraud funds give notice given held holder for value honor indorser instrument Iowa jury law merchant Law Rep letter liability Lord Lord Mansfield maker or acceptor Mass maturity ment National Bank necessary negotiable negotiable instrument non-payment notary note or bill note payable notice of dishonor opinion paid paper payee Penn person place of business plaintiff in error post-office presentment principal promise to pay promisor promissory note prove question reasonable received recover residence rule sent signature Smedes Smith statute statute of Anne Story sufficient Supreme Court tion usury Wend
Pasajes populares
Página 491 - that the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision. In trials at common law, in the courts of the United States, In cases where they apply.
Página 33 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.
Página 555 - Gr., in Easter Term last, obtained a rule nisi for a new trial, on the grounds of misdirection and that the verdict was against evidence.
Página 38 - There is no doubt but an agreement to accept may amount to an acceptance ; and it may be couched in such words as to put a third person in a better condition than the drawee. If one man, to give credit to another, makes an absolute promise to accept his bill, the drawee, or any other person, may show such promise upon the exchange, to get credit, and a third person, who should advance his money upon it, would have nothing to do with the equitable circumstances which might subsist between the drawer...
Página 427 - There is no doubt that a bona fide holder of a negotiable instrument for a valuable consideration, without any notice of facts which impeach its validity as between the antecedent parties, if he takes it under an indorsement made before the same becomes due, holds the title unaffected by these facts, and may recover thereon, although, as between the antecedent parties, the transaction may be without any legal validity.
Página 253 - Mr. Justice STORY delivered the opinion of the court. This is a writ of error to the Circuit Court of the district of Mississippi. The...
Página 533 - It certainly has been, since the later cases, the universal understanding that if the note were proved to have been obtained by fraud or affected by illegality, that afforded a presumption that the person who had been guilty of the illegality would dispose of it, and would place it in the hands of another person to sue upon it, and that such proof casts upon the plaintiff the burden of showing that he was a bona fide indorsee for value.
Página 493 - It is for the benefit and convenience of the commercial world to give as wide an extent as practicable to the credit and circulation of negotiable paper, that it may pass not only as security for new purchases and advances, made upon the transfer thereof, but also in payment of and as security for pre-existing debts.
Página 67 - ... negotiable and payable at the office of discount and deposit of the Bank of the United States, without defalcation, for value received...
Página 83 - ... 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...