The Law of Bills, Notes, and ChequesLittle, Brown,, 1900 - 349ÆäÀÌÁö |
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1 ÆäÀÌÁö
... tion : use of the Europe , where they formed part of the modern term in this Roman or Civil law . We are concerned in this book with a branch which deals with the law of bills , notes , and cheques . This branch of the law merchant has ...
... tion : use of the Europe , where they formed part of the modern term in this Roman or Civil law . We are concerned in this book with a branch which deals with the law of bills , notes , and cheques . This branch of the law merchant has ...
9 ÆäÀÌÁö
... tion , but of the right , by way of estoppel , of the transferrer to collect the same for himself free from defences ; but it is mis- leading to say that negotiability in the law merchant is there- fore only a matter of estoppel by the ...
... tion , but of the right , by way of estoppel , of the transferrer to collect the same for himself free from defences ; but it is mis- leading to say that negotiability in the law merchant is there- fore only a matter of estoppel by the ...
16 ÆäÀÌÁö
... tion , that it may be shown that the delivery was upon the condition ' that the defendant should be under no liability upon his signature . But that certainly is perverting the rule that the delivery may be shown to be conditional ...
... tion , that it may be shown that the delivery was upon the condition ' that the defendant should be under no liability upon his signature . But that certainly is perverting the rule that the delivery may be shown to be conditional ...
17 ÆäÀÌÁö
... tion by the payee of a promissory note against the maker , — there must somewhere be a valuable consideration to support an action against the maker by the payee's indorsee . So if there be a want of agreement between the maker and the ...
... tion by the payee of a promissory note against the maker , — there must somewhere be a valuable consideration to support an action against the maker by the payee's indorsee . So if there be a want of agreement between the maker and the ...
31 ÆäÀÌÁö
... tion or action of a third person , not a party to it . Wilson v . Campbell , supra , at p . 586 ; Brooks v . Hargreaves , 21 Mich . 254. So too , no doubt , if it de pended upon any other external evidence . ¡× 6 . Payment must not be ...
... tion or action of a third person , not a party to it . Wilson v . Campbell , supra , at p . 586 ; Brooks v . Hargreaves , 21 Mich . 254. So too , no doubt , if it de pended upon any other external evidence . ¡× 6 . Payment must not be ...
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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.