A cancellation made unintentionally or under a mistake, or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the... Journal of the Institute of Bankers - Page 532by Institute of Bankers (Great Britain) - 1882Full view - About this book
| John Barnard Byles - Bills of exchange - 1891 - 674 pages
...discharged. (3) A cancellation made unintentionally, or under a mistake, or without the authority of tho holder is inoperative ; but where a bill or any signature...unintentionally, or under a mistake, or without authority. 64. (1) Where a bill or acceptance is materially altered Alteration of without the assent of all parties... | |
| Great Britain - Bills of exchange - 1892 - 94 pages
...would have had a right of recourse against the party whose signature is cancelled, is also discharged. (3.) A cancellation made unintentionally, or under...unintentionally, or under a mistake, or without authority. 64. (1.) Where a bill or acceptance is materially [V..Q., WA SB.] altered without the assent of all... | |
| John James MacLaren - Bills of exchange - 1892 - 628 pages
...River Plate Bank, a CPD 60 (1877). Erroneous 8. A cancellation made unintentionally, or under tion- a mistake, or without the authority of the holder,...unintentionally, or under a mistake, or without authority. Imp. Act, s. 63 (3). The usage in London in such a case is to return the bill with the words "Cancelled... | |
| Melville Madison Bigelow - Negotiable instruments - 1893 - 360 pages
...would have had a right of recourse against the party whose signature is cancelled, is also discharged. (3) A cancellation made unintentionally, or under...unintentionally, or under a mistake, or without authority. 64. (1) Where a bill of acceptance is materially altered without the assent of all parties liable on... | |
| Barbados - Session laws - 1893 - 462 pages
...without the authority of the holder is inoperative ; but where a billot any signature thereon appear* to have been cancelled the burden of proof lies on...unintentionally or under a mistake or without authority. 64. (1.) Where a bill or acceptance is Alteration of bill. materially altered without the assent of... | |
| New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1918 - 832 pages
...holder, is inoperative ; but where an instrument or any signature thereon appears to have been canceled the burden of proof lies on the party who alleges...unintentionally, or under a mistake or without authority." In the present case, however, the cancellation of the note was not unintentional nor the result of... | |
| Sir Mackenzie Dalzell Edwin Stewart Chalmers - Bills of exchange - 1896 - 530 pages
...agree to the offer. The agent is liable for any loss consequent on the unauthorised cancellation.5 (3) A cancellation made unintentionally, or under...made unintentionally, or under a mistake, or without authority.3 64. (1) Where a bill or acceptance is mate- Alteration rially altered without the assent... | |
| Joseph Chitty - Contracts - 1896 - 906 pages
...mistake, or CH. XVI. s. 2. without the authority of the holder, is inoperative ; but where a bill B^la of or any signature thereon appears to have been cancelled...unintentionally, or under a mistake, or without authority. S. 64. — (1) Where a bill or acceptance is materially altered Alteration of without the assent of... | |
| Florida - Law - 1897 - 426 pages
...or under a mistake, or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled,...unintentionally, or under a mistake or without authority. SEC. 124. Where a negotiable instrument is materially altered without the assent of all parties liable... | |
| Iowa. General Assembly. House of Representatives - Iowa - 1897 - 1164 pages
...or under a mistake, or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled...the party who alleges that the cancellation was made unintentially, or under a mistake or without authority. Sec. 131. Where a negotiable instrument is... | |
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