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McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 11
James Smith McMaster
Uten tilgangsbegrensning - 1908
McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 7
James Smith McMaster
Uten tilgangsbegrensning - 1904
McMaster's Commercial Decisions Affecting the Banker and Merchant ..., Volum 10
James Smith McMaster
Uten tilgangsbegrensning - 1907
acceptance accommodation action affirmed agent agreed agreement alleged amount answer appellant appellee authority bill bona fide cause charge circumstances City claim collection Company consideration contract corporation court debt Decision defendant delivered delivery deposit depositor draft drawer drawn due course effect error evidence exchange executed existence fact faith favor firm follows forged fraud funds further give given ground hands held hold holder horse indorser insolvent intention interest issued judgment jury knowledge liable lumber maker matter maturity ment mortgage National Bank Negotiable Instruments notice obtained officer opinion paid parties partnership payable payee payment person plaintiff presented principal promissory note proof prove provides purchase question reason received recover reference reversed rule shown signature signed statute sufficient suit thereof tion transaction transfer trial trust York
Side 273 - ... a person shall be deemed insolvent within the provisions of this act whenever the aggregate of his property, exclusive of any property which he may have conveyed, transferred, concealed, or removed, or permitted to be concealed or removed, with intent to defraud, hinder or delay his creditors, shall not, at a fair valuation, be sufficient in amount to pay his debts.
Side 244 - 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 : 1. If the instrument is payable to the order of a third person he is liable to the payee and to all subsequent parties. 2. If the instrument is payable to the order of the maker, or drawer, or is payable to bearer, he is liable to all parties subsequent to the maker or drawer. 3. If he signs for the accommodation of the payee,...
Side 3 - Act 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 to order or to bearer.
Side 381 - Where value has at any time been given for the instrument, the holder is deemed a holder for value in respect to all parties who became such prior to that time.
Side xxxvi - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor.
Side 18 - 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 281 - Constitutes a Holder in Due Course. A holder in due course is a holder who has taken the instrument under the following conditions: 1. 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...
Side 201 - 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 253 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Side 248 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.