The Law of Negotiable Instruments: Statutes, Cases and Authorities

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Ernest Wilson Huffcut
Baker, Voorhis, 1910 - 885페이지

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489 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.
797 페이지 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance ; and admits — 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
816 페이지 - Where the instrument is paid by a party secondarily liable thereon it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: 1.
320 페이지 - In the case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense, existing at the time of, or before notice of the assignment; but this Section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith, and upon good consideration, before due.
853 페이지 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
795 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.
857 페이지 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
724 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. But...
490 페이지 - A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
503 페이지 - Presentment for payment is not necessary in order to charge the person primarily liable on the instrument ; but if the instrument is, by its terms, payable at a special place, and he is able and willing to pay it there at maturity, such ability and willingness are equivalent to a tender of payment upon his part.

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