The Law of Bills, Notes, and ChequesLittle, Brown,, 1900 - 349ÆäÀÌÁö |
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3 ÆäÀÌÁö
... bill of exchange , alleging in effect , by a fiction of factorage or agency , that the defendant , acceptor of the bill , had , at the hands of his foreign factor , received money from the plaintiff , in consideration whereof he now ...
... bill of exchange , alleging in effect , by a fiction of factorage or agency , that the defendant , acceptor of the bill , had , at the hands of his foreign factor , received money from the plaintiff , in consideration whereof he now ...
11 ÆäÀÌÁö
... bill ) .5 ' Draft ' is a term of convenience , signifying either a bill of exchange or a cheque , but more commonly the former . Bills of exchange and cheques are foreign or inland ; those drawn in one state or country and payable in ...
... bill ) .5 ' Draft ' is a term of convenience , signifying either a bill of exchange or a cheque , but more commonly the former . Bills of exchange and cheques are foreign or inland ; those drawn in one state or country and payable in ...
12 ÆäÀÌÁö
... exchange , second and third unpaid . To C ( individual , partnership , bank ... bill of ex- change is called the drawer , not the maker ; the per- son who ... bill , and it is best therefore to give to each its recognized name . The ...
... exchange , second and third unpaid . To C ( individual , partnership , bank ... bill of ex- change is called the drawer , not the maker ; the per- son who ... bill , and it is best therefore to give to each its recognized name . The ...
20 ÆäÀÌÁö
... exchange , and cheques must be in writing ; no oral promise or order would be treated on the same footing , though ... bill , note , or cheque must be found within the four corners of the piece of paper upon which it is written . So far ...
... exchange , and cheques must be in writing ; no oral promise or order would be treated on the same footing , though ... bill , note , or cheque must be found within the four corners of the piece of paper upon which it is written . So far ...
23 ÆäÀÌÁö
... bill of exchange for want of an ' order ' or the equivalent . Again : We hereby authorize you to pay on our account to the order of G , £ 6000 ' at certain times , in stated instalments , is not a bill of exchange , for the same reason ...
... bill of exchange for want of an ' order ' or the equivalent . Again : We hereby authorize you to pay on our account to the order of G , £ 6000 ' at certain times , in stated instalments , is not a bill of exchange , for the same reason ...
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accommodation agent alteration authority Bank of United bill of exchange bona fide holder cheque common law consideration constructive notice contract courts creditor custom debt deemed defendant is indorser delivery demand discharged doctrine drawer due course entitled equities estoppel evidence example excuse fact favor fixed foreign bill fraud give notice given Gratt guaranty holder for value holder in due honor indorser's inland bill instru instrument is payable law merchant liability maker or acceptor Mass maturity ment National Bank necessary negotiable instrument non-payment notary notice of dishonor notifying Ohio St paper payable payee Penn person place of business place of payment post-office presented for payment presentment for acceptance presumptively promise to pay promissory note protest reasonable diligence received regard residence rule signature Statute Statute of Frauds sum certain supra surety suretyship Tenn thereon tion treated unless unwritten law waiver warranty Wend words
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293 ÆäÀÌÁö - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
287 ÆäÀÌÁö - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument.
313 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.
296 ÆäÀÌÁö - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
297 ÆäÀÌÁö - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
298 ÆäÀÌÁö - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
286 ÆäÀÌÁö - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3.
288 ÆäÀÌÁö - Does not specify the place where it is drawn or the place where it is payable; or 5.
318 ÆäÀÌÁö - A (negotiable) promissory note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed • or determinable future time, a sum certain in money to order or to bearer.
298 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.