Cases on Negotiable Instruments: Supplementary to Amess̕ Cases on Bills and Notes ...The editor, 1919 - 106 sider |
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Cases on Negotiable Instruments: Supplementary to Amess̕ Cases on Bills and ... Zechariah Chafee (Jr.) Uten tilgangsbegrensning - 1920 |
Vanlige uttrykk og setninger
acceptance acceptor accommodation accommodation bill acquired action alleged amount appeal authority banker better title bill of exchange bill of lading bona fide holder bonds cashier circumstances cited claim collateral commercial commercial paper common law condition consideration contract decision declared defendant bank delivered delivery depositor discharged draft drawer due course duress duty Emporia Bank estoppel forged forgery fraud fraudulently Guaranty Trust Co hand Harv holder in due indorsement intended judgment jury law merchant Lill Lord maker Mass maturity ment National Bank negligence negotiable instru negotiable instruments act Negotiable Instruments Law notice obtained opinion overdue paid paper parol evidence payable to bearer payee payment Peed plaintiff possession principle promissory note proof provision purchaser for value pursuer question reason received Roscoe Pound rule Scott Sanders signature Smith sold stamp statute SUPREME COURT thereof tion transaction transfer transferor true owner trust company usury
Populære avsnitt
Side 13 - 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 51 - ... may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Side 49 - 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 un.der 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 79 - Where the instrument is paid by a party secondarily liable thereon, it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: 1.
Side 4 - An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable.
Side 54 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. 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 76 - A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this act applicable to a bill of exchange payable on demand apply to a check.
Side 49 - Act, where a signature on a bill is forged or placed thereon without the authority of the person whose signature it purports to be, the forged or unauthorized signature is wholly inoperative, and no right to retain the bill, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under...
Side 89 - 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 8 - Where a person not otherwise a party to an instrument places thereon his signature in blank before delivery, he is liable as indorser in accordance with the following rules : i . If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.