The Law of Negotiable Instruments: Statutes, Cases and AuthoritiesErnest Wilson Huffcut Baker, Voorhis, 1910 - 885ÆäÀÌÁö |
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25 ÆäÀÌÁö
... action " is not transfer- able . A " chose in action " is a right to recover a thing , as dis- tinguished from the thing itself . A bill of lading , as distinguished from the goods it represents , is such a " chose in action . " If you ...
... action " is not transfer- able . A " chose in action " is a right to recover a thing , as dis- tinguished from the thing itself . A bill of lading , as distinguished from the goods it represents , is such a " chose in action . " If you ...
31 ÆäÀÌÁö
... action at once accrues to the holder . This is a logical consequence of the currency theory . In France no cause of action arises unless the bill is again dishonored at maturity ; the holder , in the meantime , is only entitled to ...
... action at once accrues to the holder . This is a logical consequence of the currency theory . In France no cause of action arises unless the bill is again dishonored at maturity ; the holder , in the meantime , is only entitled to ...
42 ÆäÀÌÁö
... action shall be brought on any bond or writing obligatory , contract under seal , or promissory note not negotiable , but within seventeen years next after an action shall accrue . " The instrument sued upon is as follows : BRIDGEPORT ...
... action shall be brought on any bond or writing obligatory , contract under seal , or promissory note not negotiable , but within seventeen years next after an action shall accrue . " The instrument sued upon is as follows : BRIDGEPORT ...
43 ÆäÀÌÁö
... action is barred by the six years ' clause of the statute , unless revived by a new promise to pay . PARK and CARPENTER , JJ . , concur . dissent . A new trial is not advised . " FOSTER and PHELPS , JJ . , ¡× 20 cos MILLER v . AUSTIN ...
... action is barred by the six years ' clause of the statute , unless revived by a new promise to pay . PARK and CARPENTER , JJ . , concur . dissent . A new trial is not advised . " FOSTER and PHELPS , JJ . , ¡× 20 cos MILLER v . AUSTIN ...
51 ÆäÀÌÁö
... action thereon against the drawee unless he duly accepts . " In that case the drawee refused to accept and the action was sought to be maintained upon the theory of an equitable assignment . It was held under the peculiar circumstances ...
... action thereon against the drawee unless he duly accepts . " In that case the drawee refused to accept and the action was sought to be maintained upon the theory of an equitable assignment . It was held under the peculiar circumstances ...
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acceptance supra protest acceptor action affirmed agent amount appears ASSUMPSIT authority bill or note Bills of Exchange blank bona fide holder charge cited commercial paper common law consideration contract court debt decision defendant defendant's delivered delivery demurrer discharged draft drawer drawn due course effect entitled estoppel evidence Exchange Act fact forged forgery fraud given held holder for value holder in due indorser Inst intended judgment jury law merchant liable Lord Mansfield maker Mass maturity ment National Bank negligence Negotiable Instruments Law negotiable paper non-payment notary note payable notice of dishonor obligation opinion paid party payable on demand payable to bearer payee person plaintiff plaintiff in error presented for payment principal promise to pay promissory note purchaser question reason recover refused rule signature signed statute sufficient thereof tion transfer trial usury verdict Wend words York
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489 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.
797 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 ÆäÀÌÁö - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
795 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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 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. But...
490 ÆäÀÌÁö - 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 ÆäÀÌÁö - 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.