A Treatise on Commercial Paper and the Negotiable Instruments Law: Including the Law Relating to Promissory Notes, Bills of Exchange, Checks, Municipal Bonds, and Other Negotiable and Nonnegotiable Instruments : Commonly Classed as Commercial Paper : with an Appendix Containing the Negotiable Instrumennts Law and the English Bills of Exchange Act

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Bender, 1903 - 767페이지

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Gans
lxxxv
97
xci
NATURE AND ORIGIN OF COMMERCIAL PAPER
1
Burley
12
De Vaughn v Hangabook
15
Negotiability
18
Due bills and I O
25
376 377
27
Checks
28
Millikin
29
Letters of credit
35
Connecticut Mut L Ins Co v
37
Executors and administrators
40
General statement
42
Sufficiency of consideration Continued PAGE
50
Persons of unsound mind
55
Intoxicated persons
61
Alien enemies
70
Brady
81
De Witt v Perkins
88
b Authority of one partner to execute commercial paper in name
107
Durgin
111
Hall
113
e Rights of bona fide holder
115
Paine
119
Citizens Nat Bank v Smith 378
122
g Negotiable paper in payment of individual debts of partner
123
Clayville
127
k Effect of dissolution
129
Rathbone
133
b Defense of ultra vires
135
Bloomer
136
City Sav Bank v Hopson
139
f Power of officers to transfer commercial paper
143
Hayne
145
Municipal corporations
147
City of Peru v French
148
Apperson
153
Hertel
154
Blackington
156
CHAPTER III
159
Commerce Bank v Barnero 81
168
Hyman
172
Promise or order to pay must be unconditional
175
Brooks
176
Must be payable in money
188
Commercial Bank v First
190
12
194
Certainty as to sum
198
Dorsey v Wolff
207
Time of payment
208
Moses
210
Gray 17 18
219
Instrument must be payable to order or bearer
221
Carolma Nat Bank v Wallace 491
227
2
231
Additional provisions not affecting negotiability
234
Omissions not affecting validity and negotiability
241
768622
242
Completion of imperfect instrument by holder and effect thereof
249
McLaughlin
250
Boorum
260
f Presumption of intentional delivery by placing signature on
261
Liability of person signing in trade or assumed name
268
Sufficiency of consideration
277
209
288
Page
291
363
298
Fraud and mistake
299
Holder for value
305
Nat Surety Bank 519 637 Causin v Taylor
309
Thayer
310
NEGOTIATION 316357
316
C
318
617
321
Indorsement must be of entire instrument
323
Hardin
327
Western Nat Bank
330
Qualified indorsement
333
588
343
Sigourney
363
due course
367
Evans
372
Bower v Douglass
377
PAGE
378
Commercial Bank v Henninger 482 Conrad v Williams
384
Pittsburgh etc R Co 143
385
Dixon
386
Nuttal
394
CHAPTER VII
398
Liability of drawer
403
Contract of indorsement who deemed indorser
411
School
415
Warranties where instrument is negotiated by delivery or quali
418
Liability of general indorser
424
Order in which indorsers are liable
430
Canal Bank v Bank of Albany
433
PRESENTMENT FOR PAYMENT 439484
439
Carroll County Savings Bank v
441
Child
444
What constitutes a sufficient presentment
448
Union Bank 616 642 649
454
Instrument must be exhibited
457
Presentment to joint debtors
463
333
470
Time of maturity
474
Commercial Bank v Union Bank
477
Effect of instrument payable at a bank
480
Commercial Bank of Buffalo v
491
Notice by agent
495
Sufficiency and form of notice
498
394
508
Service of notice by mail
511
176
515
Where notice must be sent
517
Harrison
518
Commercial Bank of Kentucky v
519
When notice may be dispensed with
526
527 606
527
Co v
530
Gale Harrow Mfg Co
535
Discharge otherwise than by payment
540
Ricker
548
Foster
551
Rights of parties who discharge instruments
552
First Nat Bank
558
Capital Bank v Armstrong
560
School District No 7 134 Coffman v Campbell
564
Forged instrument or indorsement thereon
565
Dows Exr v Spennys
570
130 Forgery as a defense
572
Bill not an assignment of funds in the hands of the drawee
578
Atchison
584
CHAPTER XIII
585
Presentment how made
588
Christian County Bank v Goode 200
599
Bank of Tennessee
600
Liability for retention or destruction of bill
602
Coddington v Davis
610
Protest how made
611
Chidester
613
Where protest to be made
617
Maturity of bill payable after sight protest and dishonor of bili
623
Presentment of check for payment
630
When check operates as an assignment
636
Found Treasure Min Co
642
Liabilities of parties
644
Coggil v American Exch Bank 233
646
Drake v Rogers
669
Draper v Cowles
677
407
721
302
731
Gloeh
732
359
742
Continental Nat Bank v Wells 237
746
90
748
453
758
379
764
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716 페이지 - A cheque is a Bill of Exchange drawn on a banker payable on demand. Promissory Note. — A Promissory Note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed or determinable future time, a sum certain in money...
678 페이지 - 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.
659 페이지 - In order, however, that any such instrument, when completed, may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time...
253 페이지 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he...
666 페이지 - 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.
577 페이지 - 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.
693 페이지 - mean any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them being part of the dominions of Her Majesty. (2.) Unless the contrary appear on the face of the bill the holder may treat it as an inland bill.
161 페이지 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
666 페이지 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
531 페이지 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; • 6.

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