A Treatise on the Law of Commercial Paper: Containing a Full Statement of Existing American and Foreign Statutes, Together with the Text of the Commercial Codes of Great Britain, France, Germany and Spain, Volum 3

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West Publishing Company, 1899 - 3048 sider
 

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Innhold

Virginia Coupons
2038
Coupon Killers
2039
Payment in TokensMercbaudise
2041
In Work
2043
Part Payment
2044
Discbarge on Part Payment
2045
Part Payment by Joint MakerIndorserDrawer
2046
By AcceptorMaker
2047
Foreign Statutes as to Part Payment
2048
Receipt for Payment
2049
Surrender of InstrumentOn Payment
2050
Lost Instruments
2051
Nonnegotiable InstrumentsSurrender by MistakeFraud
2052
Surrender on Payment before Maturity
2053
Statutes Requiring Surrender
2054
PaymentBy Whom Made 1420 Payment by Acceptor
2056
By Accommodation Acceptor
2057
Reissue by Acceptor
2058
Payment or PurchaseQuestion of Intention
2059
Discount by Drawee
2060
Payment by Maker
2061
By Joint Maker
2063
By Drawer
2064
By Indorser
2067
Action by Indorser
2069
Payment by Indorser after Judgment
2070
Acceptor Liable to Indorser 1434 Reissue by Indorser
2073
Payment by PrincipalSurety
2074
Supra Protest
2077
By Stranger
2079
Place of PaymentAs Agent
2084
Funds Provided and Lost
2085
CHAPTER XL
2088
Payment To Rigbtful Holder 1445 To Designated Payee
2090
To Joint Payees
2092
To Persons under Disability
2093
To Executor
2094
To Trustee
2095
To Agent
2096
Implied Agency
2099
Ratification and Revocation of Agency
2100
Crossed Checks
2101
Payment to Agent In Notes
2103
In Bank Notes
2104
By Check
2105
Default of Subagents
2106
Duty of Collecting Agent
2109
Presentment and Notice by Agent
2110
14G1 Notice by AgentDamages
2112
rayment to Payee after Indorsement 1465 To PledgorPledgee
2117
To Attaching Creditor
2119
To Indorsee
2120
PaymentWhen Made and How Proved 1470 Payment before Maturity
2125
Business Hours 1472 After Maturity
2127
Burden of Proof 1474 Presumption of Payment
2129
From Possession by Payee 1476 From Possession by AcceptorIndorser 1477 From Receipt 1479 Indorsed by Mistake
2134
From Lapse of Time
2135
Circumstantial Evidence
2136
Unnecessary
2137
Appropriation by Debtor 1490 Implied 1491 Effect 1492 Appropriation by Creditor
2149
By
2154
To Oldest Items
2155
To Debts not
2156
To InterestNot Principal 1498 To Debts Barred by Limitation 1499 To Lawful Debts
2158
CHAPTER XLI
2172
Renewal
2177
Agreement for Absolute Payment 1515 Payment by BillHow Pleaded 1516 SatisfactionA Question of Intention
2181
Presumption of PaymentMassachusetts Rule
2182
Rebutted
2185
Effect of Receipt
2186
Of Surrender of Original Note 1521 Of Retention of Original Note 1522 Of Additional Security 1523 Of Transfer
2190
Of Loss
2192
Invalid Bills
2193
Unstamped Bill
2194
Usurious Bill 1529 Altered Bill
2196
Forged Bill
2197
Effect of Fraud 1532 Valueless Bill 1533 Note to Third Party
2198
Payment by Note of Other Person S 1534 Agreement for Satisfaction 1535 Presumption against Payment
2202
Payment by Note of Partner
2205
Partnership Renewals
2207
Dormant and New Partners
2209
Partnership Notes after Dissolution
2210
Payment by Bill Check or Acceptance 154 Payment by Bill 1549 Agreement for Satisfaction
2220
Presumption as to PaymentIntention
2222
Payment by Acceptance of Debtor
2224
By Acceptance of Other Party 1554 By Check
2227
A Question of Intention
2228
Checks as Absolute Payment
2229
Payment by Check of Other Party 1558 By Check LostCertified 1559 Check Taken as CashPaid to Holder
2231
Diligence Necessary against Drawer
2233
As to Checks
2235
Against Indorsers
2236
After LossDelay in Suit 1565 On Transfer without Indorsement
2238
Effect of Receiving Check
2239
Extension by BUI or Note 1568 Parties Discharged
2241
Action Suspended
2242
Other Rights Suspended
2243
Collateral SecurityEffect of Renewal
2244
Vendors Lien on GoodsStoppage in Transitu 1573 On Land
2247
Note by or to Third Person
2248
Other Security
2249
Transfer of Note 1577 Mechanics Liens
2250
Production and Surrender of Note
2256
Original Defenses
2257
Original ConsiderationIllegality
2258
Usury in Original Bill
2261
CHAPTER XLU ACTION I Time for Bringing Action II Parties to Actions I Time for Bringing Action
2262
Before MaturityOn Day of Maturity
2263
Against Indorser
2265
On Nonacceptance
2266
On Maturity of InstallmentsInterest 1590 Against Principal Debtor
2268
Statute of LimitationsFraud
2269
Bars SetOff
2270
Proof by Barred NotePleading
2271
What Law Governs
2272
American and Foreign Statutes
2274
Exceptions for Nonsuit
2277
Duebills and CertificatesBank NotesCoupons
2278
CheeksSealed Notes
2279
Attested Notes
2281
Collateral Securities 1601 Against StateDecedents Estates 1602 Disabilities Excepted
2286
Joint ObligationsPrincipal and Surety
2287
Time Reckoned from Maturity
2288
Time ReckonedIn What Manner 1607 Time ReckonedDemand Notes 1608 Time Reckoned from Demand 1009 Time Reckoned from Payment 1010...
2297
Promiseby AgentExecutorSurety
2308
Promise by Joint Maker
2309
To Whom and How Made
2311
How Proved 1621 Part Payment
2313
Payment on CollateralInvoluntary
2314
PaymentHow Made 1624 PaymentHow ProvedIndorsement by Debtor 1625 Indorsement by Holder
2318
Part Payment by Joint Maker
2319
Payment by SurvivorExecutor
2322
Payment by IndorserSuretyAgent
2323
PaymentTo Whom Made
2324
Parties to Action 1631 Who may SueAmerican Statutes
2326
Action by PayeeJoint Payees
2328
Action by Indorsee
2330
In What Name
2331
Sufficiency of Indorsement 1637 In United States Courts
2334
Action by Pledgee
2336
By Assignee
2337
By Drawer
2339
By ExecutorHeir
2340
1G43 Action by Indorser
2342
Indorsement Canceled
2343
Indorsement Uncanceled
2344
Action by SuretyJoint Debtor
2346
By Bearer
2347
164ft Action by Owner
2349
Holder without Title
2351
Plaintiff and Defendant Identified
2375
Action against Stranger
2377
CHAPTER XLIII
2379
Action of Debt
2380
CollateralParties Entitled
2382
Sale
2384
Action of 1678 Diligence
2387
TroverParties to 1680 Against AgentWrongful Taker
2389
Against Indorsee
2390
For Lost Bills 1683 Against Bona Fide Holder 1684 Damages
2391
EquityGeneral Principles 1686 Reform and Cancellation of Bills
2397
Injunction against Issue or Transfer
2399
Injunction against Suit
2401
Bill for Discovery
2403
Action on Lost Bills 1691 Notice of Loss 1692 Action on Lost BillNew Promise
2404
Indemnity Required
2406
Tender
2408
Action in Equity
2409
At
2412
StatutesLaw and Equity Blended
2413
LossHow Pleaded
2414
EvidenceAffidavits 1703 Evidence of Contents
2419
Interest Exchange and Damages 1704 InterestGeneral Principles
2420
Action
2422
Compound
2424
What Law Governs
2425
Beckoned from Date
2427
Beckoned from Maturity
2428
On Demand Notes
2429
Until TenderBankruptcy
2430
After Maturity
2433
After MaturityExpressed 1714 Exchange and Beexchange 1716 Notarial Fees
2438
CommissionsAttorneys Fees
2439
171 Costs of Other Suit
2440
Damages on Protest What Law Governs 1720 Statutory
2443
Becovery by Whom 1722 Becovery against Whom 1723 When Bccoverable 1724 On Protest
2447
Waiver
2448
Measure
2449
Costs Becoverable 1728 Against SuretyGuarantor
2451
Becovery by Indorser
2452
Partial Dividends
2453
Becovery by Pledgee
2454
In TroverFor Negligence 1733 In What Currency
2457
Notes Payable in Property
2458
Confederate Scaling Acts
2459
CHAPTER XLIV
2465
Forgery
2467
Notice of Discovery 1741 Foreign Statutes
2469
AlterationMaterial 1743 Immaterial
2470
Change of PartyAddition of Maker 1745 Addition of Surety
2473
Addition of Other Signature 1747 Qualification of Signature
2474
Erasure of Maker
2475
Payees Name
2476
Negotiable Words
2477
Change of ContractPromise 1752 ConditionConsideration
2479
Indorsement
2480
Amount
2481
Medium of Payment 175G Interest Clause
2482
Date
2484
Time of Payment
2485
Place of Payment
2486
Memoranda 1761 SealAttestation
2489
NumberStomp 1703 Discharge of Original Debt 1764 SpoliationBy Stranger 1765 Alteration by MistakeCorrection
2493
Consent
2496
How Proved
2497
Implied from Blanks 1770 Implied from BlanksNegligence 1771 By Other Party 1773 Stamp
2504
Ratification and Waiver
2505
By AcknowledgmentPromise
2506
What Is
2507
Defense against Bona Fide Holder 1779 Estoppel by Indorsement
2510
17S0 By Acceptance
2511
By ConductAdmissions
2512
By Laches
2513
AlterationHow Pleaded
2515
Burden of Proof
2517
Evidence
2518
Recovery of Payment
2520
Sunday Laws
2523
Usury Laws
2524
By CorporationNational Banks 1793 When Admissible
2526
In Transfer
2527
UsuryRecovery of Payment
2528
1795 Recoupment
2529
Remedies
2530
Pleading and Evidence 1799 FraudFalse Representation
2532
Misrepresentation and Concealment
2533
1S01 On Creditors
2534
Breach of Condition
2535
1S03 DiversionAccommodation Paper
2536
Diversion to Other Payee
2537
Duress
2539
Fraud In Inception
2540
In Transfer
2541
On Other Party
2542
By Other Party
2543
RescissionRecovery 1811 Equitable Relief
2545
1S12 Waiver
2546
Pleading
2547
Evidence CHAPTER XLVI
2548
SATISFACTION RELEASE AND SETOFF L Satisfaction and Discharge IL Release and SetOff I Satisfaction and Discharge 1815 Change of Contra...
2549
Sufficient
2553
1S20 Not Sufficient
2554
Consideration
2557
SatisfactionWhat
2558
Satisfaction by Payment
2559
By Bill or Note
2561
By Other Security
2563
By ServicesMerchandise 1828 Merger In Judgment
2565
Against Prior Parties
2567
Against Joint Debtors
2568
Discharge by Execution
2569
Extinguishment by MarriageDeath
2570
BankruptcyDischarge 1834 Composition
2574
U RELEASE AND SETOFF 1835 ReleaseConsiderationCondition 183C Form 1837 By Implication 1838 CollateralTaken or Surrendered
2575
Agreement not to
2579
Novation
2580
Surrender
2581
Of Execution
2582
How Extensive 1844 By Whom
2584
To Prior Party
2586
To Joint Debtor
2587
SetOffUnliquidated Damages
2589
Breach of WarrantyFraud
2591
Bill or Note
2592
Liability as SuretyIndorser
2593
1S53 Bank Notes
2594
Bank Deposits
2595
Acquired after Suit
2596
Against Insolvent 1857 Not Due 1858 Against Other Party
2598
Against Agent
2599
Against Trustee
2600
Against Administrator 1802 Against Joint Debtor 1803 Against Joint Creditor
2601
EXCLUSION OF DEFENSES
2606
Defense against Bona Fide Holder
2620
SetOff
2627
1S86 CapacityAuthority
2633
Fraud
2639
1S94 FraudDiversion of Accommodation Paper
2645
AdmissibilityGeneral Principles
2648
Release
2655
APPENDIX L
2682
n California Codes Page 2713
2713
APPENDIX II
2735
German Exchange Law Page 2787
2787
Spanish Code Page 2809
2809
French Code Page 2830
2830
Page 2845
2845
1483
2870
I486 Recovery for Mistake For FraudIllegality For Forgery
2930

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Populære avsnitt

Side 2771 - 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 2746 - 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 2759 - A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business, or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for non-payment at the place where it is expressed to be payable, and no further presentment for payment to, or demand on, the drawee is necessary.
Side 2698 - 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 2738 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Side 2705 - That where a bill of exchange has been protested for dishonor bv non-acceptance, or protested for better security, and is not overdue, any person, not being a party already liable thereon, may, with the consent of the holder, intervene and accept the bill supra protest, for the honor of any party liable thereon, or for the honor of the person for whose account the bill is drawn.
Side 2702 - 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 2747 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Side 2680 - 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 2672 - Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima Jade authority to fill it up as such for any amount.

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