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" ... is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. "
The Law Quarterly Review - Side 44
redigert av - 1894
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Report of the ... Annual Meeting of the American Bar ..., Volum 10,Del 1887

American Bar Association - 1887 - 460 sider
...Provided, That the requisite proceedings on dishonor be duly taken. (b) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. (2) The indorser of a bill by indorsing it — (a) Engages that on due presentment it shall be accepted...
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The Negotiable Instruments Act (Act XXVI of 1881): Being an Act to Define ...

India, Patrick Dunlop Shaw - 1882 - 362 sider
...(1.) Engages that he will pay it according to its tenor ; maker. (2.) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. 89. (1.) Subject to the provisions in this part, and except Application of as by this section provided,...
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Journal of the Institute of Bankers, Volum 3

Institute of Bankers (Great Britain) - 1882 - 726 sider
...it — (1.) Engages that he will pay it according to its tenor ; (2.) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. Application of Part II. to Notes. 89. (1.) Subject to the provisions in this part and, except as by...
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Statutes at Large ...

Great Britain - 1882 - 574 sider
...provided that the requisite proceedings on dishonour be duly taken ; (b.) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. (2.) The indorser of a bill by indorsing it — (a.) Engages that on due presentment it shall be accepted...
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The Bills of Exchange Act, 1882 (45 & 46 Vict., C. 61): An Act to Codify the ...

Sir Mackenzie Dalzell Edwin Stewart Chalmers - 1882 - 126 sider
...maker. (i.) Engages that he will pay it according to its tenour ; (2.) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. 89. (i.) Subject to the provisions in this part, and except as by this section provided, the provisions...
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Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61)

W. D. Thorburn - 1882 - 316 sider
...provided that the requisite proceedings on dishonour be duly taken (c) ; (6.) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. (2.) The indorser of a bill by indorsing it — (a.) Engages that on due presentment it shall be accepted...
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Sammlung der seit dem Jahre 1871 in Aegypten, Belgien, Dänemark ...

Oscar Borchardt - 1883 - 392 sider
...provided that the requisite proceedings on dishonour be duly taken; (i.) Is precluded from denying to a holder in due course the existence of the payee and his then capacity to indorse. (2.) The indorser of a bill by indorsing it — (a.) Engages that on due presentment it shall be accepted...
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Wharton's Law-lexicon: Forming an Epitome of the Law of England; and ...

John Jane Smith Wharton - 1883 - 926 sider
...making it he ' engages that he will pay it according to its tenor, and is precluded from denying to a holder in due course the existence of the payee and his then capacity to endorse.' — Sills of Exchange Act, 1882, s. 88. Making law, clearing one's self of an action, etc.,...
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Roscoe's Digest of the Law of Evidence on the Trial of Actions ..., Volumer 1-2

Henry Roscoe - 1884 - 834 sider
...or validity of his indorsement ; (c.) In the case of a bill payable to the order of a third person, the existence of the payee and his then capacity to...not the genuineness or validity of his indorsement.' By sect. 71 (4) Where a bill is drawn in a set, "The acceptance may be written on any part, and it...
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The Law of Estoppel

Lancelot Feilding Everest, Edmund Strode - 1884 - 600 sider
...By sec. 55 of the Act, sub-sec. 1, the drawer of a bill, by drawing it, is precluded from denying to a holder in due course, the existence of the payee and his then capacity to indorse (k). He is not however precluded from denying the genuineness of the payee's indorsement (/). By sec....
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