A Treatise on the Law of Commercial Paper: Containing a Full Statement of Existing American and Foreign Statutes, Together with the Text of the Commercial Codes of Great Britain, France, Germany and Spain, 3권

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West Publishing Company, 1899 - 3048페이지

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By Joint Maker
2063
By Drawer
2064
By Indorser
2067
Action by Indorser
2069
Payment by Indorser after Judgment
2070
Acceptor Liable to Indorser 1434 Reissue by Indorser
2073
Payment by PrincipalSurety
2074
Supra Protest
2077
By Stranger
2079
Place of PaymentAs Agent
2084
Funds Provided and Lost
2085
CHAPTER XL
2088
To Designated Payee
2091
To Joint Payees
2092
To Persons under Disability
2093
To Executor
2094
To Trustee
2095
To Agent
2097
Implied Agency
2099
Ratification and Revocation of Agency
2100
Payment to Agent in Notes
2102
In Bank Notes
2104
By Check
2105
Default of Subagents
2106
Duty of Collecting Agent
2109
Presentment and Notice by Agent
2110
Notice by AgentDamages
2112
Payment to Payee after Indorsement 1465 To PledgorPledgee
2117
To Attaching Creditor
2119
To Indorsee
2120
Under Forged Indorsement
2121
PaymentWHEN MADE AND How PROVED 1470 Payment before Maturity
2125
Business Hours 1472 After Maturity
2127
Burden of Proof 1474 Presumption of Payment
2129
From Possession by Payee
2130
From Possession by AcceptorIndorser
2131
From Receipt
2132
Indorsed by Mistake
2134
From Lapse of Time
2135
Circumstantial Evidence
2136
RECOVERY OF PAYMENT 1485 1486 1483 Recovery for Mistake For FraudIllegality For Forgery
2139
APPROPRIATION OF PAYMENT 1490 1494 1495 1496 1497 1498 1499 1489 Appropriation by Debtor Implied 1491 Effect 1492 Appropriation...
2149
CHAPTER XLI
2172
Presumption of PaymentMassachusetts Rule
2182
Rebutted
2185
Effect of Receipt
2186
Of Additional Security 1523 Of Transfer
2190
Of Loss
2192
Invalid Bills
2193
Unstamped Bill
2194
Usurious Bill 1529 Altered Bill
2196
Forged Bill
2197
Effect of Fraud 1532 Valueless Bill 1533 Note to Third Party
2198
PAYMENT BY NOTE OF OTHER PERSON 1534 Agreement for Satisfaction 1535 Presumption against Payment 1536 Payment by Note of Partner ...
2202
PAYMENT BY BILL CHECK OR ACCEPTANCE 1548 Payment by Bill 1519 Agreement for Satisfaction
2220
Presumption as to PaymentIntention
2222
Payment by Acceptance of Debtor
2224
By Acceptance of Other Party
2225
By Check
2226
A Question of Intention
2228
Checks as Absolute Payment
2229
Payment by Check of Other Party 1558 By Check LostCertified
2230
Check Taken as CashPaid to Holder
2231
EFFECT UPON PRIOR DEBT OR SECURITY 1560 Diligence Necessary against Drawer 1562 As to Checks 1563 Against Indorsers 1564 After Loss...
2233
Extension by Bill or Note
2240
Parties Discharged
2241
Action Suspended
2242
Other Rights Suspended
2243
Collateral SecurityEffect of Renewal
2244
Vendors Lien on GoodsStoppage in Transitu 1573 On Land
2247
Note by or to Third Person
2248
Other Security
2249
Transfer of Note 1577 Mechanics Liens 1576
2250
Maritime Liens
2253
Action for Original Debt 1582 Production and Surrender of Note
2256
Original Defenses
2257
Original ConsiderationIllegality
2258
Usury in Original Bill
2260
CHAPTER XLII
2262
Before MaturityOn Day of Maturity
2263
Against Indorser
2265
On Nonacceptance
2266
On Maturity of InstallmentsInterest 1590 Against Principal Debtor
2268
Statute of LimitationsFraud
2269
Bars SetOff
2270
Proof by Barred NotePleading
2271
What Law Governs
2272
American and Foreign Statutes
2274
Exceptions for Nonsuit
2277
Duebills and CertificatesBank NotesCoupons
2278
ChecksSealed Notes
2279
Attested Notes
2281
Collateral Securities 1601 Against StateDecedents Estates 1602 Disabilities Excepted
2286
Joint ObligationsPrincipal and Surety
2287
Time Reckoned from Maturity 1606 Time ReckonedIn What Manner 1607 Time ReckonedDemand Notes 1608 Time Reckoned from Demand 1009...
2296
Nonresidence 1613 AcknowledgmentNew Promise
2299
1630
2324
Against AcceptorDrawee 1665 Against Joint Debtors 1667 Against Joint and Several Debtors 1668 Against Joint Debtor Surviving 1669 Against Sev...
2326
1635
2332
1642
2340
1661
2364
CHAPTER XLIII
2379
Action of Debt
2380
CollateralParties Entitled
2382
Sale
2384
Action of 1678 Diligence
2386
TroverParties to 1680 Against AgentWrongful Taker
2389
Against Indorsee
2390
For Lost Bills
2391
Against Bona Fide Holder 1684 Damages
2393
EquityGeneral Principles 1686 Reform and Cancellation of Bills
2397
Injunction against Issue or Transfer
2399
Injunction against Suit
2400
Bill for Discovery
2403
ACTION ON LOST BILLS 1691 Notice of Loss 1692 Action on Lost BillNew Promise
2404
Indemnity Required
2406
Tender
2408
Action in Equity
2409
At
2412
StatutesLaw and Equity Blended
2413
On Demand Notes
2429
Until TenderBankruptcy
2430
After Maturity
2433
After MaturityExpressed
2434
Exchange and Reexchange
2435
CommissionsAttorneys Fees
2439
Costs of Other Suit
2440
Statutory
2441
Recovery by Whom
2444
Recovery against Whom
2445
When Recoverable
2446
1724 On Protest
2447
Waiver
2448
Measure
2449
Costs Recoverable 1728 Against SuretyGuarantor
2451
Recovery by Indorser
2452
Partial Dividends
2453
Recovery by Pledgee
2454
In TroverFor Negligence
2455
In What Currency
2457
Notes Payable in Property 1735 Confederate Scaling Acts
2458
CHAPTER XLIV
2465
AlterationHow Pleaded 1784 Burden of Proof
2466
Qualification of Signature
2474
Erasure of Maker
2475
Payees Name
2476
Negotiable Words
2477
Change of ContractPromise 1752 ConditionConsideration
2479
Indorsement
2480
Amount
2481
Medium of Payment
2482
Interest Clause
2483
Date
2484
Time of Payment
2485
Place of Payment
2486
Memoranda 1761 SealAttestation
2489
NumberStamp
2490
Discharge of Original Debt 1764 SpoliationBy Stranger 1765 Alteration by MistakeCorrection
2493
Consent
2496
How Proved
2497
Implied from Blanks 1770 Implied from BlanksNegligence 1771 By Other Party 1773 Stamp
2504
Ratification and Waiver
2505
By AcknowledgmentPromise
2506
What is
2507
Defense against Bona Fide Holder 1779 Estoppel by Indorsement
2510
By Acceptance
2511
By ConductAdmissions
2512
By Laches
2513
Evidence
2519
CHAPTER XLV
2520
Usury Laws
2524
By Corporation National Banks
2525
When Admissible
2526
In Transfer
2527
UsuryRecovery of Payment
2528
Recoupment
2529
Remedies 1798 Pleading and Evidence
2530
FraudFalse Representation
2532
Misrepresentation and Concealment
2533
On Creditors
2534
Breach of Condition
2535
DiversionAccommodation Paper
2536
Diversion to Other Payee
2537
Duress
2538
Fraud in Inception
2540
In Transfer
2541
On Other Party
2542
By Other Party
2543
RescissionRecovery
2544
Equitable Relief
2545
Waiver
2546
Pleading
2547
Evidence
2548
CHAPTER XLVI
2549
Sufficient
2553
Not Sufficient
2554
Consideration
2557
SatisfactionWhat
2558
Satisfaction by Payment
2559
By Bill or Note
2561
By Other Security
2563
By ServicesMerchandise 1828 Merger in Judgment
2565
Against Prior Parties
2567
Against Joint Debtors
2568
Discharge by Execution
2569
Extinguishment by MarriageDeath
2570
BankruptcyDischarge 1834 Composition II RELEASE AND SETOFF
2574
ReleaseConsiderationCondition 1836 Form 1837 By Implication 1838 CollateralTaken or Surrendered 1839 Agreement not to
2575
Novation
2580
Surrender
2581
Of Execution
2582
How Extensive 1844 By Whom
2584
To Prior Party
2586
To Joint Debtor
2587
SetOffUnliquidated Damages
2589
Breach of WarrantyFraud
2591
Bill or Note
2592
Liability as SuretyIndorser
2593
Bank Notes
2594
Bank Deposits
2595
Acquired after Suit
2596
Against Insolvent 1857 Not Due 1838 Against Other Party
2598
Against Agent
2599
Against Trustee
2600
1861 Against Administrator 1862 Against Joint Debtor 1863 Against Joint Creditor
2601
CHAPTER XLVII
2606
DEFENSE AGAINST Bona Fide HOLDER
2620
1882
2628
AqmissibilityGeneral Principles
2648
APPENDIX I
2663
California Codes Page 2713
5
APPENDIX II
5
German Exchange Law Page 2787
RAND C P iii
1
1886
9
1887
8
1888
Notarial Fees
1
1889
6
1833

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10 페이지 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or un.der such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.
8 페이지 - 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.
10 페이지 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
2 페이지 - Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima Jade authority to fill it up as such for any amount.

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