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McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 7
James Smith McMaster
Uten tilgangsbegrensning - 1904
McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 10
James Smith McMaster
Uten tilgangsbegrensning - 1907
McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 8
James Smith McMaster
Uten tilgangsbegrensning - 1905
accepted action affirmed agent agreed agreement alleged amount answer appellant appellee apply authority become bill bona fide charge circumstances claim collection consideration contract corporation County course court creditor debt Decision defendant delivered delivery demand deposit direct draft drawer drawn effect entitled error evidence exchange executed express fact failure faith favor follows fraud further give given hands held hold holder indorser intention interest issue judgment jury knowledge liability maker matter maturity ment mortgage National Bank negligence Negotiable Instruments notice obligation opinion original paid parties payable payee payment person plaintiff presented principal promissory note protest purchaser question reason received recover referred refused respect rule signed statute sued sufficient suit thereof tion transaction transferred trial usury verdict York
Side 180 - 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.
Side 216 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Side 125 - 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.
Side 107 - By a valid tender of payment made by a prior party; 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved; 6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.
Side 13 - 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 when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.
Side 181 - 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.
Side 19 - A cancellation made unintentionally or under a mistake, or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake or without authority.
Side 92 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Side 15 - ... when the name of the payee does not purport to be the name of any person...
Side 346 - Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will be deemed to have accepted the same.