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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... Suit in own name - Equities . checks Dis- 453. Suit for use or benefit of as- tion and essentials of rule 459. Corporate certificates of indebt- Generally . Sec . Sec . 460. Guarantor - Guaranty . 461. Sec . Sec . 419. General rule ...
... Suit in own name - Equities . checks Dis- 453. Suit for use or benefit of as- tion and essentials of rule 459. Corporate certificates of indebt- Generally . Sec . Sec . 460. Guarantor - Guaranty . 461. Sec . Sec . 419. General rule ...
37 ÆäÀÌÁö
... suit the sup- posed convenience or exigency of the case . Nor did equity scruple to introduce another anomaly when the occasion seemed to require it . It having been settled that the wife might enjoy a separate estate , the result was ...
... suit the sup- posed convenience or exigency of the case . Nor did equity scruple to introduce another anomaly when the occasion seemed to require it . It having been settled that the wife might enjoy a separate estate , the result was ...
38 ÆäÀÌÁö
... suit in chancery . Although the theory of the English courts on this subject has , after an agitation of a century , set- tled into form and coherence , the process by which this result has been produced has not escaped the criticism of ...
... suit in chancery . Although the theory of the English courts on this subject has , after an agitation of a century , set- tled into form and coherence , the process by which this result has been produced has not escaped the criticism of ...
41 ÆäÀÌÁö
... suit shall be a lien against the corpus of her real estate , and an execution may issue thereon and be collected against the separate per- sonal property of a married woman as though she were a feme sole . Under this section her status ...
... suit shall be a lien against the corpus of her real estate , and an execution may issue thereon and be collected against the separate per- sonal property of a married woman as though she were a feme sole . Under this section her status ...
89 ÆäÀÌÁö
... suit by the holder of the note against such maker , it is necessary to show that the defendant's signature is genuine or was authorized by him to be signed or sanctioned by him after it was signed.288 * And where a partner 287 See ¡× 74 ...
... suit by the holder of the note against such maker , it is necessary to show that the defendant's signature is genuine or was authorized by him to be signed or sanctioned by him after it was signed.288 * And where a partner 287 See ¡× 74 ...
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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.