Selected Cases on the Law of Negotiable InstrumentsCallaghan, 1906 - 682페이지 |
도서 본문에서
100개의 결과 중 1 - 5개
1 페이지
... judgment on the note against Cavan , the maker , who was taken upon the execution , and took the oath of an insolvent debtor . The declaration had two counts . Ist . A special count stating the making and indorsing the note , the suit ...
... judgment on the note against Cavan , the maker , who was taken upon the execution , and took the oath of an insolvent debtor . The declaration had two counts . Ist . A special count stating the making and indorsing the note , the suit ...
3 페이지
... judgment , that this count is ill , the general custom being the law ; and it doth not 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 ...
... judgment , that this count is ill , the general custom being the law ; and it doth not 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 ...
5 페이지
... judgment was affirmed . "串* * Again , in Hilary term ( B. R. 8 and 9 , Wm . III , Anno 1697 ) Pinkney v . Hall , 1 Ld . Raym . 175 , the exception was taken , " that the declaration being per consuetudinem Angliæ , & c . , was ill ...
... judgment was affirmed . "串* * Again , in Hilary term ( B. R. 8 and 9 , Wm . III , Anno 1697 ) Pinkney v . Hall , 1 Ld . Raym . 175 , the exception was taken , " that the declaration being per consuetudinem Angliæ , & c . , was ill ...
12 페이지
... judgment was arrested . " The ground of this judgment seems to be , that the drawer is the original debtor , and that the undertaking of the acceptor is only to pay the drawer's debt ; and therefore , is a collateral and not an original ...
... judgment was arrested . " The ground of this judgment seems to be , that the drawer is the original debtor , and that the undertaking of the acceptor is only to pay the drawer's debt ; and therefore , is a collateral and not an original ...
47 페이지
... judgment proceeded . That the defendant was liable upon the draft , if liable at all , in his individual capacity ... judgment must be de bonis propriis . Not so , however , upon contracts made by their testator or intestate ; in such ...
... judgment proceeded . That the defendant was liable upon the draft , if liable at all , in his individual capacity ... judgment must be de bonis propriis . Not so , however , upon contracts made by their testator or intestate ; in such ...
기타 출판본 - 모두 보기
자주 나오는 단어 및 구문
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
인기 인용구
161 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - 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 페이지 - Act.) In any case not provided for in this act, the rules of law and equity, including the law merchant...
400 페이지 - ... 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 페이지 - 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.