Law of Defenses in Actions on Commercial Paper: Including the Defenses at Common Law and Under the Negotiable Instruments Acts, 1±Ç1907 - 1091ÆäÀÌÁö |
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... 523. Same subject continued . 511. Sufficiency of presentment- 524. Waiver of presentment and de- By whom made - Time when made . mand . 525. Same subject continued . CHAPTER XXIV . PROTEST AND WANT OF PROTEST . Sec XX TABLE OF CONTENTS .
... 523. Same subject continued . 511. Sufficiency of presentment- 524. Waiver of presentment and de- By whom made - Time when made . mand . 525. Same subject continued . CHAPTER XXIV . PROTEST AND WANT OF PROTEST . Sec XX TABLE OF CONTENTS .
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... PROTEST AND WANT OF PROTEST . Sec . 526. Protest defined . 527. In what cases protest necessary . 528. In what cases protest unneces- sary . 529. Same subject continued . 530. How made - Form , contents and sufficiency of . 531. Same ...
... PROTEST AND WANT OF PROTEST . Sec . 526. Protest defined . 527. In what cases protest necessary . 528. In what cases protest unneces- sary . 529. Same subject continued . 530. How made - Form , contents and sufficiency of . 531. Same ...
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... App . 653 , 38 N. E. 421. See ¡× 62 , herein . ' Nevill v . Hancock , 15 Ark . 511 . state a cause of action against an indorser . Nor 1 AVAILABILITY, GENERALLY AS TO PARTIES Rule as to makers PROTEST AND WANT OF PROTEST.
... App . 653 , 38 N. E. 421. See ¡× 62 , herein . ' Nevill v . Hancock , 15 Ark . 511 . state a cause of action against an indorser . Nor 1 AVAILABILITY, GENERALLY AS TO PARTIES Rule as to makers PROTEST AND WANT OF PROTEST.
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... protest , " changes the liability assumed by the parties as indorsers and consti- tutes a material alteration which they may set up in defense to an 232 Alabama . - Maness v . Henry , 96 worth v . Bank , 19 Johns . ( N. Y. ) Ala . 454 ...
... protest , " changes the liability assumed by the parties as indorsers and consti- tutes a material alteration which they may set up in defense to an 232 Alabama . - Maness v . Henry , 96 worth v . Bank , 19 Johns . ( N. Y. ) Ala . 454 ...
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... protest , such cancellation is equivalent to paying value at the time , and precludes all defenses existing as between the original parties.50 A distinction exists , however , between a case where a bank gives a depositor credit on a ...
... protest , such cancellation is equivalent to paying value at the time , and precludes all defenses existing as between the original parties.50 A distinction exists , however , between a case where a bank gives a depositor credit on a ...
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acceptance acceptor accommodation action agent agreement amount assignment Barb bill of exchange bill or note bona fide holder bona fide purchaser collateral security Colo commercial paper Conn contract corporation court coverture creditor debt decided defense discounted dishonor drawee drawer equities estopped Exch executed fact failure of consideration fense fraud held holder for value indorser instrument Iowa law merchant liable maker married woman Mass maturity ment Metc Minn Misc Miss mortgage N. Y. St N. Y. Supp National Bank negotiable instrument negotiable paper note given note was given notice Ohio St party payee payment person plaintiff promissory note protest purchaser recover recovery rule set-off Smith statute surety Tenn thereon tion transfer usury valid void want of consideration Wend
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642 ÆäÀÌÁö - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
712 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 sent by mail, it must be deposited in the post office in time to go by mail the day following the day of dishonor, or if there be no mail at a convenient hour on that day, by the next mail thereafter.
718 ÆäÀÌÁö - ... 1. Either to the postoffice nearest to his place of residence, or to the postoffice where he is accustomed to receive his letters ; or 2. If he live in one place, and have his place of business in another, notice may be sent to either place ; or 3. If he is sojourning in another place, notice may be sent to the place where he is sojourning.
698 ÆäÀÌÁö - The notice may be given by or on behalf of the holder, or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who upon taking it up would have a right to reimbursement from the party to whom the notice is given.
684 ÆäÀÌÁö - Delay in Giving Notice — How Excused Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
707 ÆäÀÌÁö - When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased.
720 ÆäÀÌÁö - Where the drawer is the ;person to whom the instrument is presented for payment. 4. Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument. 5. Where the drawer has countermanded payment.
711 ÆäÀÌÁö - If given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following.
115 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...
660 ÆäÀÌÁö - Where the instrument is payable at a bank, presentment for payment must be made during banking hours, unless the person to make payment has no funds there to meet it at any time during the day, in which case presentment at any hour before the bank is closed on that day is sufficient.