A Treatise on the Law of Defenses in Actions on Commercial Paper: Including the Uniform Negotiable Instruments Law with Full Annotations, 1±Ç

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Bobbs-Merrill, 1924 - 2158ÆäÀÌÁö

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Art
8
Section
14
TITLE IV
15
When promise is unconditional
20
When payable to order
26
Form and Interpretation 1001 1102323
32
CHAPTER 2
38
GENERAL PROVISIONS
40
Article 2
42
Liability of maker
45
Who
57
Liability of acceptor
61
Kinds of indorsement spelled et cetera
70
Kans 877
79
Blank indorsement how changed 1045 Time of indorsement presump
80
Section Section
81
Notice to subsequent parties time 1117 Effect of omission to give notice
97
Effect of want of demand
98
Article 5
99
Liability of accommodation
101
Accommodation indorsers
107
Article 6
110
The signing
114
Section Section
119
Indorsement by married woman dition of judgment
127
Liability of persons signing
129
Presentment where instrument
137
Article 1
145
CHAPTER 4
156
Section Section
161
Section Section
196
Infancy 140145
204
General rule as to duress 214 Giving of paper induced by fear
205
Presentment to persons liable
210
Intoxication 146147
211
Want of authority 155180
217
Defense of fraud in action by 229 Certified checkEffect of fraud
220
Fraud in procuring renewal note Rule illustrated
226
Want of authority of corporate company
227
Ultra vires instruments
233
Section Section
238
Fraudulent transfer generally Question of fact
244
Liability of acceptor for honor 1169 When delay in making present
245
Alien enemies bankrupts and persons
248
CHAPTER 5
254
Alteration by comaker or draw 269 Filling in blanksWhere instru
260
Alteration of number 284 Alteration of time of payment
280
Section Section
287
Presentment to joint debtors
289
Designation of place of payment 305 Addition or destruction of seal
293
Addition of interest clause guarantor
299
ARTICLE VI
303
Article 4
304
Provisions of Negotiable Instru 319 Showing real consideration
315
Inadequate or insufficient consid 328 Slight considerationPurchasing
325
Section Section
332
DISCHARGE OF NEGOTIABLE INSTRUMENTS
335
Total want of considerationDe 354 As to guarantors
340
Failure of considerationIn pressed consideration
346
TITLE II
352
BILLS OF EXCHANGE
391
Preference of parties offering
404
Estoppel and waiver in general
409
Effect of indorsement by infant
412
Payment of preexisting debt
418
Third persons as holders
428
Form and Interpretation 11261261131 131
443
By signature and execution
446
Partial failure of consideration
455
Partial failure of consideration 369 Defense to one note in action
469
Joint note of husband and wife
529
Rule as to valueParticular
535
Purchaseprice notes Original
541
By representations in transfer
543
Purchaseprice notesProperty
547
Effect of judgmentAssignees
553
Effect of representations subse
555
Where consideration illegal
563
Other modes of discharge of 998 Renunciation by holder
578
CHAPTER 13
593
Section Section
594
Illegal considerationExceptions
600
Right of holder of equitable title
606
ARTICLE VII
609
Notes which are part of illegal
610
Illegal sales
618
of rule
624
General rule 633 Effect of statute providing that
625
UsuryGenerally
626
Where transferred before but maker and indorser or inter
631
Application of payments made
637
Coverture a defense when trans apartUnited States deci
646
CHAPTER 15
653
Evidence explanatory of con
661
Conditional delivery
670
By whom given
675
Delivery in escrowPayee with
676
Designating particular fund
682
HOLDERS IN DUE COURSE AND RIGHTS ON TRANSFER CONTINUED
685
Conditions affecting considera
689
Suspicious circumstances gross 707 NoticePurchaser of bonds
691
Distinction between presentment
720
Qualified indorsement acter
722
Presentment after refusal to
726
Paper given or indorsed
728
Notice given by agent
729
Repudiation or revocation of
733
When note not collateral security debt
743
Effect where notice is given
744
When presentment necessary
745
on demandReasonable time
751
Time of maturitySunday
755
CHAPTER 17
756
PresentmentIllustrative
761
DIVERSION AND FRAUDULENT TRANSFER
769
Protest defined
775
How madeSignature
781
CHAPTER 18
791
Election by holder to consider
797
Section Section
803
terest distinctions abrogated
804
Manner or mode of service 821 Where notice must be sent
809
Time within which notice must
815
Acceptance for honor 830834
830
To whom payment may
835
Undertaking and liability
841
When presentment is made
847
Waiver of presentment for pay
858
fected by statute
864
Where claimed set off was ac 876 Of bank depositsRule as
866
Damages arising ex contractu 884 Of bills or notes of bank
872
RIGHTS OF HOLDERS IN DUE COURSE AND OF ASSIGNEES OF NEGOTI
873
Holders in due courseApplica
885
Availability in respect to par 908 Joint creditors and debtors
895
The payee as holder in
897
Assignees and indorseesWhat 913 Purchasers after maturity con
901
Otterback 15 How
902
Certified bank checksDiscount
907
Notes under seal
913
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130 ÆäÀÌÁö - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.
8 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.
254 ÆäÀÌÁö - 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.
68 ÆäÀÌÁö - Where an instrument is drawn or indorsed to a person as "Cashier" or other fiscal officer of a bank or corporation, it is deemed prima facie to be payable to the bank or corporation of which he is such officer; and may be negotiated by either the indorsement of the bank or corporation or the indorsement of the officer.
101 ÆäÀÌÁö - Where a person, not otherwise a party to an instrument, places thereon his signature in blank before delivery he is liable as indorser, in accordance with the following rules: (1) If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.
5 ÆäÀÌÁö - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
67 ÆäÀÌÁö - The indorsement must be an indorsement of the entire instrument. An indorsement, which purports to transfer to the indorsee a part only of the amount payable, or which purports to transfer the instrument to two or more indorsees severally, does not operate as a negotiation of the instrument. But where the instrument has been paid in part, it may be indorsed as to the residue.
251 ÆäÀÌÁö - ... where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over the property, and innocent third parties are thus led into dealing with such apparent owner, they will be protected. Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power...
722 ÆäÀÌÁö - A qualified indorsement constitutes the indorser a mere assignor of the title to the instrument. It may be made by adding to the indorser's signature the words " without recourse ", or any words of similar import.
57 ÆäÀÌÁö - A person placing his signature upon an instrument otherwise than as maker, drawer or acceptor, is deemed to be an indorser, unless he clearly indicates by appropriate words his intention to be bound in some other capacity.

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