 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 ... - Page 391by Idaho - 1903Full view - About this book
 | Banking law - 1919 - 316 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...negotiating public or corporate securities, other than bills or notes. (RS 1909, § 10035.) Section cited and applied and held a promissory note, negotiable in... | |
 | Melville Madison Bigelow - Negotiable instruments - 1928 - 680 pages
...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." l § 290. Who is a vendor — indorser " without recourse " — transferor by delivery only. — It... | |
 | Clem Wetzell Collins - Accounting - 1928 - 976 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 or render it valueless (section 65, Negotiable Instruments Law). An unqualified endorser, whether blank or special, warrants... | |
 | New York (State) - Law - 1917 - 224 pages
...Parties § 115 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. This section 'was derived from the Negotiable Instruments Law of 1897, § 115. Proof of original defenses... | |
 | North Dakota. Supreme Court, Hiram A. Libby, Robert Milligan Carothers, Robert Dimon Hoskins, Edgar Whittlesey Camp, John McDowell Cochrane, Ames Francis Wilbur, Joseph Coghlan, Edwin James Taylor - Court rules - 1914 - 788 pages
...9 Pac. 942. It is also clear that this is a case where the clause of § 6367, Rev. Codes 1905, that "when the negotiation is by delivery only, the warranty...of no holder other than the immediate transferee," would apply. There is no, liability, in short, under § 6367, for the simple reason that the transfer... | |
 | United States. Congress. Senate. Committee on Banking and Currency - 1956 - 1274 pages
...such instrument ; that all prior parties hart capacity to contract; that it has no knowledge of any fact which would impair the validity of the instrument or render it valueless and that the balance due on each such instrument is as shown by such instrument. Selling Bank agrees... | |
 | Comparative law - 1927 - 896 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...section do not apply to persons negotiating public or corporation securities, other than bills and notes. § 116. Liability of general indorse r. Every indorser... | |
 | Law reports, digests, etc - 1924 - 940 pages
...it; that all prior parties had capacity to contract; and that the indorser has no knowledge of any fact which would impair the validity of the instrument or render it valueless; and under such an indorsement the party is not relieved from liability in case the instrument or any... | |
 | New York State Bar Association - Bar associations - 1898 - 404 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...immediate transferee. The provisions of subdivision 3 of this section do not apply to persons negotiating public or corporate securities, other than bills... | |
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