A Treatise on Commercial Paper and the Negotiable Instruments Law: Including the Law Relating to Promissory Notes, Bills of Exchange, Checks, Municipal Bonds, and Other Negotiable and Nonnegotiable Instruments : Commonly Classed as Commercial Paper : with an Appendix Containing the Negotiable Instrumennts Law and the English Bills of Exchange Act

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Innhold

wealth
lix
Oberle
lx
24
lxvi
De Voss v City of Richmond 156 Donegan v Wood
lxviii
First Nat Bank 145 Bond v Cummings
lxix
Werman
lxx
City Bank of Brooklyn v Mc Claxton v Swift
lxxi
Cheshire v Barrett
lxxiv
Toledo etc R Co 136 Bank
lxxvii
Blundell 180 Bonsall v Bauer
lxxix
McDougald
lxxx
Dalton
lxxxv
Lehman 177 229 Bookstaver v Jayne 259 273 434
lxxxvi
City Bank of Dowagiac v Dill 360 Clements v
xc
254
xciii
CHAPTER I
1
McMillen
4
Assignability of bills of exchange
10
Turner 519 Dorsey V Wolff 207 216
12
Parties to bill of exchange
16
Parties to a promissory note
22
NEGOTIATION
25
City of Williamsport v Common Cloyes v Cloyes
26
Grant
27
Checks
28
Stowe 519 Chicago B Q R R Co v
30
531
34
19 Bonds and coupons
37
Champion Empire Mining Co v Merchants Nat Bank of Chi
39
B PERSONS ACTING IN FIDUCIARY CAPACITY
40
PRESENTMENT FOR PAYMENT
41
Infants
44
Russell
45
81
46
320
47
Sufficiency of consideration Continued PAGE
50
Calvert
53
Persons of unsound mind
55
Intoxicated persons
61
321
63
532
64
Misspelled name of payee or indorsee presumption as to time
66
Clark
69
Alien enemies
70
104
71
Brewster 90 Cahokia v Rautenberg 103
75
City Council
77
Garfield
79
01
80
Rose
100
Partners
106
323
109
Corby
111
324
115
Gramling
119
Brockway
130
Norris
134
325
139
Presentment how made
143
Hall
144
Municipal corporations
150
Brooks
155
Wintercost 4651 Commonwealth v Pittsburgh
157
588
158
CHAPTER III
159
Time of payment Continued PAGE
160
327
167
Promise or order to
168
132
169
Jessup 49 5 Commonwealth Ins Co v Whit
171
Promise or order to pay must be unconditional
175
Reed
178
Bradbury 181 237
181
Hall 273 Douglas v Bank of Commerce 647
187
Must be payable in money
189
537
198
Certainty as to
199
Kennealy
201
442
202
b To whom presentment should be made
207
Behrman
209
Webster 102 145 496 Callahan v Bancroft
210
Time of payment
216
Gray 17 18
219
Instrument must be payable to order or bearer
221
Lynde
225
Carolma Nat Bank v Wallace 491 Castle v Belfast Foundry Co 141
227
Blundell
228
Additional provisions not affecting negotiability
234
Omissions not affecting validity and negotiability
241
135
244
Completion of imperfect instrument by holder and effect thereof
249
330
250
Oaks
261
Construction when instrument is ambiguous
262
136
266
446
267
Liability of person signing in trade or assumed name
268
Sufficiency of consideration
277
Silloway
283
Smith
286
632
289
Chase v
296
448
298
Fraud and mistake
299
Holder for value
305
Hathorn
333
202
334
Conditional indorsement
337
City Nat Bank
340
Hannegan
344
Harder
346
Transfer without indorsement
347
Assignment of commercial paper
353
kelly
354
What constitutes a holder in due course
359
Cameron 108 109
360
331
362
208
365
332
368
White
371
209
372
When title defective
374
Weed 111 115 116 Bowers V Jewell 562
377
Whitmore
378
Rights of holder in due course
381
Moss 364 Camden v Doremus
386
Defenses where instrument is in hands of person who is not holder
387
Gilbert 392
392
Duncan 189 196 199 Downing v Backenstoes 222
396
CHAPTER VII
398
Liability of drawer
403
Levering
405
333
408
Contract of indorsement who deemed indorser
411
Sweet 631 632
415
Liability of general indorser
425
Northrup
428
361
431
Liability of accommodation indorsers
433
Necessity for presentment for payment
438
Combs Case
444
When presentment must be made
445
Dixon In
448
Place of presentment
451
Bishop
454
Proper place of presentment
455
Carrollton Bank v Tayleur 598
456
Wilson
460
Presentment where principal debtor is dead
461
Alexander
464
Commercial Bank v Barksdale 450
465
When delay in making presentment is excused
467
424
468
90
470
Days of grace
476
CHAPTER IX
484
210
487
Taylor
491
Notice by agent
495
Sufficiency and form of notice
498
Commercial Bank of Kentucky v Cook v Cockrell
499
642 649
507
Service of notice by mail
511
337
516
Where notice must be sent
517
232
518
Baber
520
When notice may be dispensed with
526
How discharged statutory provision
531
Jassoy 181 237 Bowman v Halstead 355
533
Emerson
541
461
548
Miller
551
Forged instrument or indorsement thereon
556
Board of Education v Fonda 548 Bowman v Van Kuren
558
Oatis 274 Draper v Rice
565
427
566
Hemsley
573
CHAPTER XII
577
282
579
b Liability where parts are indorsed to different persons
583
Presentment on certain days presentment where time is insuffi
590
462
598
Cuthbertson
600
Liability for retention or destruction of bill
602
Chattanooga Grocery Co v Liv
606
Gulick
607
Protest how made
611
Apperson 505 Canonsberg Iron Co v Union
616
Where protest to be made
617
Maturity of bill payable after sight protest and dishonor of bila
623
Chautauqua County Bank v Davis 347 Citizens Bank v Kendrick 553
626
Statutory provisions as to forged signature
635
CHAPTER XVIII
639
Liabilities of parties
645
Frier
649
338
664
429
668
463
671
562
689
604
721
433
722
333
723
296
728
oses
731
477
741
355
742
221
751
244
752
243
758
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Populære avsnitt

Side 716 - A cheque is a Bill of Exchange drawn on a banker payable on demand. Promissory Note. — A 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...
Side 678 - 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.
Side 659 - In order, however, that any such instrument, when completed, may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time...
Side 253 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he...
Side 666 - 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 577 - 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 693 - mean any part of the United Kingdom of Great Britain and Ireland, the islands of Man, Guernsey, Jersey, Alderney, and Sark, and the islands adjacent to any of them being part of the dominions of Her Majesty. (2.) Unless the contrary appear on the face of the bill the holder may treat it as an inland bill.
Side 161 - 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. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Side 666 - 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.
Side 531 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; • 6.

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