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" Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: (1) That the instrument is genuine and in all respects what it purports to be; (2) That he has a good title to it; (3) That all prior parties had capacity to contract;... "
General Laws of the State of Idaho Passed at the First- Session of the State ... - Page 391
by Idaho - 1903
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American Law and Procedure, Volume 7

James Parker Hall, James De Witt Andrews - Law - 1910
...title to it ; 3. That all prior parties had capacity to contract ; 4. That he has no knowledge of any fact which would impair the validity of the instrument...who indorses without qualification, warrants to all subseqent holders in due course: 1. The matters and things mentioned in subdivisions one, two and three...
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The Laws of the State of New York Relating to Banks, Banking, Trust ...

Willis Seaver Paine - Banking law - 1910 - 811 pages
...title to it; 3. That all prior parties had capacity to contract ; 4. That he has no knowledge of any fact which would impair the validity of the instrument...corporate securities, other than bills and notes. Meyer v. Richards, 163 US 385, 41 L. ed. 199, 16 Sup. Ct. Rep. 1148; Meriden Nat. Bank v. Gallandet,...
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The Law of Negotiable Instruments: Statutes, Cases and Authorities

Ernest Wilson Huffcut - Negotiable instruments - 1910 - 885 pages
...prior parties had capacity to contract; 4. That he has no knowledge of any fact which would iinpaii the validity of the instrument or render it valueless....corporate securities, other than bills and notes. [NOTE. — Where there is a latent defect, as for example, usury, it is not covered by the implied...
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New York Bar Examination Questions and Answers

Louis Applebome - Admission to the bar - 1910 - 448 pages
...title to it. 3. That all prior parties had capacity to contract. 4. That he has no knowledge of any fact which would impair the validity of the instrument...of no holder other than the immediate transferee." Q. A delivered to B, an infant, his certain promissory note for $500. B indorses and transfers the...
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The Law of Deposits

Fred William Weitzel - Bank deposits - 1910 - 127 pages
...title to it ; that all prior parties had capacity to contract ; and that he has no knowledge of any fact which would impair the validity of the instrument or render it valueless." When he endorses, however, he also warrants to all subsequent holders in due course, that the instrument...
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The Law of Negotiable Paper: Containing the Text of the Uniform Negotiable ...

Alfred William Bays - Negotiable instruments - 1911 - 208 pages
...title to it. 3. That all prior parties had capacity to contract. 4. That he has no knowledge of any fact which would impair the validity of the instrument,...other than bills and notes. Sec. 66. Every indorser not an accommodating party who indorses without qualification, warrants to all subsequent holders in...
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The Law of Negotiable Paper: Containing the Text of the Uniform Negotiable ...

Alfred William Bays - Negotiable instruments - 1911 - 208 pages
...title to it. 3. That all prior parties had capacity to contract. 4. That he has no knowledge of any fact which would impair the validity of the instrument,...other than bills and notes. Sec. 66. Every indorser not an accommodating party who indorses without qualification, warrants to all subsequent holders in...
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The Code of Law for the District of Columbia: Enacted March 3, 1901 ...

District of Columbia - Law - 1911 - 544 pages
...it. Third. That all prior parties had capacity to contract. Fourth. That he has no knowledge of any fact which would impair the validity of the instrument...or corporate securities other than bills and notes. c ^ipp326^3- ?i ^ec> 1370. WHAT INDORSER WARRANTS TO SUBSEQUENT D. c. Ap'p., 190. HOLDERS. — Every...
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Lectures on Business Law and the Negotiable Instruments Law

Samuel Williston - Commercial law - 1911 - 288 pages
...to it; that all prior parties had capacity to contract; that the negotiator has no knowledge of any fact which would impair the validity of the instrument or render it valueless. That is, almost everything is warranted, except that the parties to it will pay the instrument. That...
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The Negotiable Instruments Law Annotated: With References to the English ...

Joseph Doddridge Brannan - Bills of exchange - 1911 - 330 pages
...title to it, and the capacity of prior parties, but also, by 65-4, " that he has no knowledge of any fact which would impair the validity of the instrument or render it valueless." Why should the knowledge of the transferor be irrelevant in the case of forgery, or capacity of prior...
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