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 AcceptorMaker
2047
Foreign Statutes as to Part Payment
2048
Receipt for Payment
2049
Surrender of InstrumentOn Payment
2050
Lost Instruments
2051
Nonnegotiable InstrumentsSurrender by MistakeFraud
2052
Surrender on Payment before Maturity
2053
Statutes Requiring Surrender
2054
PAYMENT BY WHOM MADE 1420 Payment by Acceptor 1421 By Accommodation Acceptor
2056
Reissue by Acceptor
2058
Payment or PurchaseQuestion of Intention
2059
Discount by Drawee
2060
Payment by Maker
2061
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
Payment To Rightful Holder
2089
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
Crossed Checks
2101
Payment to Agent in Notes
2103
In Bank Notes
2104
By Check
2105
Default of Subagents
2106
Duty of Collecting Agent
2109
Presentment and Notice by Agent
2111
Notice by AgentDamages
2112
Payment to Payee after Indorsement 1465
2119
To Indorsee
2120
PAYMENT WHEN MADE AND HOW PROVED 1470 Payment before Maturity 1471
2125
RECOVERY OF PAYMENT 1483 Recovery for Mistake 1485
2139
APPROPRIATION OF PAYMENT 1489 Appropriation by Debtor 1490
2149
X
2151
To Lawful Debts
2158
CHAPTER XLI
2172
Renewal
2177
Agreement for Absolute Payment 1515 Payment by BillHow Pleaded 1516 SatisfactionA Question of Intention
2181
Presumption of PaymentMassachusetts Rule
2182
Sufficiency
2183
Rebutted
2185
Effect of Receipt
2187
Of Surrender of Original Note 1521 Of Retention of Original Note 1522 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
2202
Payment by Note of Partner
2205
Partnership Renewals
2207
Dormant and New Partners
2209
Partnership Notes after Dissolution
2210
PAYMENT BY BILL CHECK OR ACCEPTANCE 1548 Payment by Bill
2220
Agreement for Satisfaction
2221
Presumption as to PaymentIntention
2222
Payment by Acceptance of Debtor
2224
RAND C
2225
By Acceptance of Other Party 1554 By Check
2227
A Question of Intention
2228
Checks as Absolute Payment
2229
Payment by Check of Other Party 1558 By Check LostCertified 1559 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
iii
2236
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
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
2261
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
2273
American and Foreign Statutes
2274
Exceptions for Nonsuit
2275
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 1609...
2299
PARTIES TO ACTION 1631 Who may SueAmerican Statutes
2326
Action by PayeeJoint Payees 1633 Action by Indorsee 1634 In What Name
2331
Sufficiency of Indorsement 1637 In United States Courts
2335
Action by Pledgee 1639
2336
By Assignee
2337
By Drawer
2339
By ExecutorHeir
2340
Action by Indorser 1644
2342
Indorsement Canceled
2343
Action by SuretyJoint Debtor Indorsement Uncanceled
2346
By Bearer
2347
Action by Owner
2349
Holder without Title
2351
Party in Interest
2353
Transfer Pendente Lite 1653 Without Indorsement
2355
Discount Refused by Payee 1656 Title without Possession
2358
Action by AgentCollecting Agent 1659 By Trustee 1660 By GovernmentParty under Disability
2363
Action of 1678 Diligence
2387
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
2401
Bill for Discovery
2403
ACTION ON LOST BILLS 1691 Notice of Loss 1692 Action on Lost BillNew Promise
2404
Indemnity Required
2406
Unnecessary
2407
Tender
2408
Action in Equity
2409
At
2412
StatutesLaw and Equity Blended
2413
LossHow Pleaded
2414
EvidenceAffidavits 1703 Evidence of Contents
2418
INTEREST EXCHANGE AND DAMAGES 1704 InterestGeneral Principles
2420
Action
2422
Compound
2424
What Law Governs
2425
Reckoned from Date
2427
Reckoned from Maturity 1710 On Demand Notes
2429
Until TenderBankruptcy
2430
After Maturity
2433
After MaturityExpressed 1714 Exchange and Reexchange
2435
Notarial Fees
2438
CommissionsAttorneys Fees
2439
Costs of Other Suit
2440
Damages on ProtestWhat Law Governs 1720 Statutory
2441
Recovery by Whom 1722 Recovery against Whom 1723 When Recoverable
2446
On Protest
2447
Waiver
2448
Measure
2450
Costs Recoverable 1728 Against SuretyGuarantor
2451
Recovery by Indorser 1730 Partial Dividends
2453
Recovery by Pledgee 1732 In TroverFor Negligence 1733 In What Currency
2457
Notes Payable in Property
2458
Confederate Scaling Acts
2459
Forgery
2465
AlterationHow Pleaded 1784 Burden of Proof 1786 Evidence
2466
Stamp
2504
CHAPTER XLV
2520
Sunday Laws
2523
Usury Laws
2524
By CorporationNational Banks 1793 When Admissible
2526
In Transfer
2527
UsuryRecovery of Payment
2528
Recoupment
2529
Remedies
2530
Pleading and Evidence 1799 FraudFalse Representation
2532
Misrepresentation and Concealment
2533
On Creditors
2534
Breach of Condition
2535
DiversionAccommodation Paper
2536
Diversion to Other Payee
2537
Duress
2539
Fraud in Inception
2540
In Transfer
2541
On Other Party
2542
By Other Party
2543
RescissionRecovery 1811 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
2575
Agreement not to
2579
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 1858 Against Other Party
2598
Against Agent
2599
Against Trustee
2600
Against Administrator 1862 Against Joint Debtor 1863 Against Joint Creditor
2601
CollateralJudgment
2605
CHAPTER XLVII
2606
Estoppel by Contract or Relation of Parties
2607
By Signature Acceptance etc 1868 By Representations or Recitals
2609
By RepresentationsSubsequentBy Others 1870 By Bill or Note
2613
By New Promise
2614
By Conduct
2615
By Negligence
2617
DEFENSE AGAINST BONA FIDE Holder 18 Defense against Payee 1876 Holder with Notice 1877 Without Indorsement 1878 Without Considerati...
2620
After Transfer and Notice
2629
CollateralNonnegotiable Paper 1885 Bona Fide Holder 1886 CapacityAuthority
2633
Consideration
2634
Condition
2635
Illegality
2636
Usury
2637
Fraud
2639
FraudBetween Whom 1893 Fraud in Delivery
2643
FraudDiversion of Accommodation Paper 1895 ReleaseSatisfaction and SetOff
2645
AamissibilityGeneral Principles
2648
APPENDIX I
2663
California Codes Page 2713
APPENDIX II
German Exchange Law Page 2787
Defense against Bona Fide Holder
By Acceptance
By ConductAdmissions

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