Selected Cases on the Law of Negotiable InstrumentsCallaghan, 1906 - 682ÆäÀÌÁö |
µµ¼ º»¹®¿¡¼
100°³ÀÇ °á°ú Áß 1 - 5°³
3 ÆäÀÌÁö
... appear to the court that there is any such law . Sed curia , contra , that by the common law , a man may resort to him that received the money , if he to whom the bill was directed refuse . " It was afterwards moved again , that this ...
... appear to the court that there is any such law . Sed curia , contra , that by the common law , a man may resort to him that received the money , if he to whom the bill was directed refuse . " It was afterwards moved again , that this ...
7 ÆäÀÌÁö
... appears by his preface , on the 28th of March , 1564 , and gathered his forms from four old books of precedents , then existing . This declaration sets forth that A complains of B , & c . , for that whereas the said A , by a certain I C ...
... appears by his preface , on the 28th of March , 1564 , and gathered his forms from four old books of precedents , then existing . This declaration sets forth that A complains of B , & c . , for that whereas the said A , by a certain I C ...
8 ÆäÀÌÁö
... appears that ducats were to be given for pounds sterling ; this was in fact an exchange . Again the defendant promised to repay the original money advanced , with all damages and interest ; this is the precise obligation of the drawer ...
... appears that ducats were to be given for pounds sterling ; this was in fact an exchange . Again the defendant promised to repay the original money advanced , with all damages and interest ; this is the precise obligation of the drawer ...
10 ÆäÀÌÁö
... appears probable that inland bills were in use much before Lord Holt's remembrance . * * * * * * The time when inland bills and promissory notes began to be in general use in England was probably about the year 1645 or 1646 . Indeed we ...
... appears probable that inland bills were in use much before Lord Holt's remembrance . * * * * * * The time when inland bills and promissory notes began to be in general use in England was probably about the year 1645 or 1646 . Indeed we ...
11 ÆäÀÌÁö
... appears clearly to be upon an inland bill of exchange . Without doubt , many had preceded it , and passed sub silentio . The case was this : A butcher had bought cattle of a grazier , but not having money to pay for them , and knowing ...
... appears clearly to be upon an inland bill of exchange . Without doubt , many had preceded it , and passed sub silentio . The case was this : A butcher had bought cattle of a grazier , but not having money to pay for them , and knowing ...
±âŸ ÃâÆǺ» - ¸ðµÎ º¸±â
ÀÚÁÖ ³ª¿À´Â ´Ü¾î ¹× ±¸¹®
acceptance acceptor action affirmed agent alleged amount appellant appellee assignment assumpsit authority bill of exchange bill or note blank bona fide holder bonds certificate certificate of deposit charge cited commercial paper common law consideration contract court Curtis Bros custom of merchants debt decision declaration defendant defendant's delivered delivery demand demurrer deposit dishonor draft drawer drawn entitled error estoppel evidence fact fraud fund given held holder for value indorsement inland bills instru interest judgment jury law merchant liable Lord maker maturity ment National Bank negotiable instrument negotiable paper non-payment notice obligation opinion paid parties payable to bearer payee person plaintiff plaintiff in error principle promise to pay promissory note protest purchaser question reason recover rule says scrip seal signature statute stipulation sufficient thereof tion transaction transfer trial usage usury value received verdict words
Àαâ Àο뱸
161 ÆäÀÌÁö - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
532 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.
189 ÆäÀÌÁö - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value ; and is deemed such whether the instrument is payable on demand or at a future time.
190 ÆäÀÌÁö - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
164 ÆäÀÌÁö - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But...
181 ÆäÀÌÁö - that the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision. In trials at common law, in the courts of the United States, In cases where they apply.
190 ÆäÀÌÁö - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
561 ÆäÀÌÁö - Act.) In any case not provided for in this act, the rules of law and equity, including the law merchant...
400 ÆäÀÌÁö - ... 1. Where the drawer and drawee are the same person. 2. Where the drawee is a fictitious person or a person not having capacity to contract. 3. 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.
189 ÆäÀÌÁö - Where value has at any time been given for the instrument, the holder is deemed a holder for value in respect to all parties who became such prior to that time.