Journal of the Canadian Bankers' Association, Volum 6

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Canadian Bankers' Association., 1899
 

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Side 400 - 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 262 - 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 may enforce it as if it had been filled up...
Side 325 - A bill of sale made or given by way of security for the payment of money by the grantor thereof shall be void unless made in accordance with the form in the schedule to this Act annexed.
Side 394 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Side 173 - 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 399 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Side 78 - ... unsanctioned by legal decision, has become engrafted upon, or incorporated into, the common law, and may thus be said to form part of it. " When a general usage has been judicially ascertained and established," says Lord Campbell, in Brandao v. Barnett,1 " it becomes a part of the law merchant, which courts of justice are bound to know and recognize.
Side 173 - ... if crossed generally to a banker, and if crossed specially to the banker to whom it is crossed, or his agent for collection being a banker, the banker paying the cheque and...
Side 252 - Viet. c. 59, which is in pari materiit, supports this construction: that section provides " that any draft or order drawn upon a banker for a sum of money payable to order on demand which shall, when presented for payment, purport to be endorsed by the person to whom the same shall be drawn payable...
Side 172 - Two parallel transverse lines simply, either with or without the words '* not negotiable" ; that addition constitutes a crossing, and the cheque is crossed generally. 2. Where a cheque bears across its face an addition of the name of a banker, either with or without the words " not negotiable," that addition constitutes a crossing, and the cheque is crossed specially and to that banker.

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