The Bills of Exchange Act, 1890: Being a Codification of the Law-merchant Respecting Bills of Exchange, Cheques, and Promissory Notes : with Explanatory Notes and Illustrations from Canadian, English, and American Decisions
Rowsell & Hutchison, 1890 - 304 sider
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The Bills of Exchange Act, 1890: Being a Codification of the Law-merchant ...
Uten tilgangsbegrensning - 1890
The Bills of Exchange Act, 1890: Being a Codification of the Law-Merchant ...
Ingen forhåndsvisning tilgjengelig - 2016
acceptance for honor acceptance supra protest acceptor accommodation accommodation bill action agent alteration amount authority Bank of Montreal banker bill drawn bill of exchange bill or note bill payable bills and notes blank Byles on Bills cheque choses in action clause contract Court days of grace debt debtor defendant delivery discharged drawer due course England English Act entitled evidence executor firm foreign bill fraud give notice Held holder for value holder in due Illustrations indorser inland bill instrument law-merchant Lex Mercatoria maker maturity ment merchants negotiable non-payment notary note given note payable notice of dishonor overdue paid parties payable on demand payable to bearer payee plaintiff presented for payment promise to pay promissory note Quebec reasonable recover rule signature signed Smith statute Story on Bills sub-s sufficient sum certain surety thereof transfer Upper Canada usage valid words
Side 97 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Side 147 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers.
Side 251 - 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 226 - Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders...
Side 251 - Where a person takes a crossed cheque which bears on it the words " not negotiable," he shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had.
Side 214 - 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 54 - The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonored by non-acceptance or nonpayment. Such person is called the referee in case of need.
Side 229 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.
Side 77 - A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to A fact is said to be disproved when, after consid„ ering the matters before it, the Court Disprove . either believes that it does not exist...