Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the Amending Act of 1891, with Notes and Illustrations from Canadian, English and American Decisions, and References to Ancient and Modern French LawCarswell Company (Limited), 1892 - 568ÆäÀÌÁö |
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iii ÆäÀÌÁö
... writer found that in a number of instances where our Parliament had not followed the Imperial Act , the changes had ... writers . Thus , for a summary of the law in England reference is usually made to Byles on Bills , 15th ed . , 1891 ...
... writer found that in a number of instances where our Parliament had not followed the Imperial Act , the changes had ... writers . Thus , for a summary of the law in England reference is usually made to Byles on Bills , 15th ed . , 1891 ...
xlv ÆäÀÌÁö
... writing or note of hand for ten talents mentioned in the book of Tobit was not the parent of the modern Promissory Note , but a mere acknowledgnent of debt . Promissory Notes are no doubt the older instruments ; but they only acquired ...
... writing or note of hand for ten talents mentioned in the book of Tobit was not the parent of the modern Promissory Note , but a mere acknowledgnent of debt . Promissory Notes are no doubt the older instruments ; but they only acquired ...
xlvii ÆäÀÌÁö
... writing expressly on the law merchant was unaware of the use of bills of exchange in this country , shews that that use at the time he wrote . must have been limited . According to Professor Story , who herein is , no doubt , perfectly ...
... writing expressly on the law merchant was unaware of the use of bills of exchange in this country , shews that that use at the time he wrote . must have been limited . According to Professor Story , who herein is , no doubt , perfectly ...
lii ÆäÀÌÁö
... writing , which without it would have that effect at common law . It is from mercantile usage as proved in evidence , and ratified by judicial decision in the great case of Lickbarrow v . Mason , 2 T. R. 63 ( 1787 ) , that the efficacy ...
... writing , which without it would have that effect at common law . It is from mercantile usage as proved in evidence , and ratified by judicial decision in the great case of Lickbarrow v . Mason , 2 T. R. 63 ( 1787 ) , that the efficacy ...
10 ÆäÀÌÁö
... writing , and making an acceptance at a particular place general , unless the words " only and not otherwise or clse- where " were added ; 12 Vict . c . 76 , regulating protests and damages ; 14-15 Vict . c . 94 , as to days of grace ...
... writing , and making an acceptance at a particular place general , unless the words " only and not otherwise or clse- where " were added ; 12 Vict . c . 76 , regulating protests and damages ; 14-15 Vict . c . 94 , as to days of grace ...
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acceptance supra protest accommodation bill addressed agent authority Bank of Montreal banker bill drawn bill of exchange bill or note bill payable bills and notes bona fide holder C. C. Art cheque Civil Code clause consideration contract Court creditor days of grace debt defendant delivery discharged drawer and indorsers due course entitled fraud give notice holder for value holder in due ILLUSTRATIONS Imperial Act instrument law merchant Lower Canada maker maturity ment Molsons Bank negotiable non-acceptance non-payment notary note given note payable notice of dishonor Nova Scotia Ontario overruled paid partner party payable on demand payable to bearer payable to order payee personally liable place of payment plaintiff presented for payment promise to pay promissory note provinces provisions qualified acceptance Quebec Quebec Bank recover Reports rule signature signed Statutes sub-section subsequent sufficient thereof tion transfer Upper Canada valid Vict words
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206 ÆäÀÌÁö - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
167 ÆäÀÌÁö - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
33 ÆäÀÌÁö - 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.
305 ÆäÀÌÁö - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
56 ÆäÀÌÁö - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
121 ÆäÀÌÁö - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
97 ÆäÀÌÁö - The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonored by nonacceptance or non.payment. Such person is called the referee in case of need.
361 ÆäÀÌÁö - 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.
190 ÆäÀÌÁö - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
373 ÆäÀÌÁö - Where a bill has been paid for honor, all parties subsequent to the party for whose honor it is paid are discharged, but the payer for honor is subrogated for, and succeeds to, both the rights and duties of the holder as regards the party for whose honor he pays and all parties liable to the latter.