A Commentary on the Bills of Exchange Act, 1882 (45 and 46 Victoria, Cap. 6l) |
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Page viii
A. M. Hamilton. SECTION Capacity and Authority of Parties . 22. Capacity of parties , 23. Signature essential to liability ... party already liable thereon , 38. Rights of the holder , BABIHIN 72 75 78 78 79 80 83 83 General Duties of the ...
A. M. Hamilton. SECTION Capacity and Authority of Parties . 22. Capacity of parties , 23. Signature essential to liability ... party already liable thereon , 38. Rights of the holder , BABIHIN 72 75 78 78 79 80 83 83 General Duties of the ...
Page 3
... party's title , or to any collateral defence between prior parties , such as accommodation or compensation , 10 or to any condition attached to the delivery , 11 or to any failure between prior parties to give notice of dis- honour by ...
... party's title , or to any collateral defence between prior parties , such as accommodation or compensation , 10 or to any condition attached to the delivery , 11 or to any failure between prior parties to give notice of dis- honour by ...
Page 4
... party to any fraud or illegality affecting the bill , he has the rights of that holder against all parties prior to that holder.2 ( 2. ) Holder for value . - If he is a holder for value , he is not affected by pleas of accommodation or ...
... party to any fraud or illegality affecting the bill , he has the rights of that holder against all parties prior to that holder.2 ( 2. ) Holder for value . - If he is a holder for value , he is not affected by pleas of accommodation or ...
Page 8
... party alleged to be the subscriber usually signs by initials or mark and did sign the bill in question.7 If the party's name were added to his mark with his authority , the signature would now be valid under s . 91 ( 1 ) . Under the ...
... party alleged to be the subscriber usually signs by initials or mark and did sign the bill in question.7 If the party's name were added to his mark with his authority , the signature would now be valid under s . 91 ( 1 ) . Under the ...
Page 26
... parties to the referee . But a holder in this country is entitled , though he does not present to the referee , to recover from any party subject to the juris- diction of the Courts of this conntry , if he does what is neces- sary to ...
... parties to the referee . But a holder in this country is entitled , though he does not present to the referee , to recover from any party subject to the juris- diction of the Courts of this conntry , if he does what is neces- sary to ...
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Other editions - View all
A Commentary on the Bills of Exchange ACT, 1882 (45 and 46 Victoria, Cap. 6l) A M Hamilton,Great Britain No preview available - 2015 |
Common terms and phrases
20 Vict 55 Vict acceptance for honour acceptor accommodation bill accommodation party according affd agent alteration amount authorised authority bank notes Bank of England Bank of Hamilton Bank of Scotland banker Bell's Bell's Prin bill drawn bill of exchange bill or note bill payable British Linen Byles cheque Clydesdale Bank Commercial Code creditor crossed cheque debt debtor defenders delivery discharged dishonoured by non-acceptance drawer or indorser due course duly Exchange Law give notice given Gordon granted held holder for value holder in due infra issued L.J. Ex London Lord maturity ment Negotiable Instruments notice of dishonour obligation paid partner payable on demand payee person presented for payment promissory note protest provisions pursuer received recourse signature signed Stamp Act sub-section summary diligence supra thereof Thomson tion transfer true owner trustee Union Bank United Kingdom unless
Popular passages
Page 5 - 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 88 - Where the drawee is a fictitious ,person or a person not having capacity to contract.
Page 31 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 101 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
Page 110 - Delay in making presentment for payment 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 29 - An acceptance to pay at a particular place is a general acceptance, unless it expressly states that the bill is to be paid there only and not elsewhere. Sec. 141. An acceptance is qualified, which is : 1. Conditional, that is to say, which makes payment by the acceptor dependent on the fulfilment of a condition therein stated ; 2.
Page 67 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 29 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.
Page 175 - Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability, nor shall the payment be questioned by reason of the cheque having been crossed, or of the crossing having been obliterated, or having been added to or altered otherwise than as...
Page 54 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.