Cases on the Law of Bills and Notes: Selected from Decisions of English and American Courts, Volume 1 |
Contents
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Cases on the Law of Bills and Notes: Selected From Decisions of English and ... Howard Leslie Smith No preview available - 2015 |
Common terms and phrases
acceptance acceptor accommodation action affirmed agent agreement alleged amount appears arguments of counsel Assumpsit authority become due bill of exchange bills of lading blank bona fide holder certificate chose in action cited collateral commercial paper contract debt decision declaration defendant defendant's delivered delivery demand demurrer discharged discounted draft drawer drawn due course entitled evidence fact fendant fraud given held holder for value indorsement intended judge judgment jury law merchant liable Lord Ellenborough maker maturity ment merchant N. Y. Supp National Bank Negotiable Instruments Law note payable opinion paid parol party payable on demand payee person plaintiff plea presented for payment principle promise to pay promissory note protest proved question reason recover refused rule signature signed statute statute of Anne sufficient Supreme Court thereof tiff tion transfer trial trust usury value received verdict words
Popular passages
Page 541 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 635 - 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.
Page 390 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 822 - Delay in Giving Notice — How Excused Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
Page 113 - An instrument which contains an order or promise to do any act in addition to the payment of money is not negotiable.
Page 27 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer. 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time ; 4. Must be payable to order or to bearer; and 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 258 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But...
Page 770 - 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, he is liable to all parties subsequent to the payee.
Page 824 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 348 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.