A Commentary on the Bills of Exchange Act, 1882 (45 and 46 Victoria, Cap. 6l) |
From inside the book
Results 1-5 of 47
Page 2
... thereof.1 " Indorsement " means an indorsement completed by delivery . " Issue " means the first delivery of a bill or note , complete in form , to a person who takes it as a holder.j " Person " includes a body of persons , whether in ...
... thereof.1 " Indorsement " means an indorsement completed by delivery . " Issue " means the first delivery of a bill or note , complete in form , to a person who takes it as a holder.j " Person " includes a body of persons , whether in ...
Page 18
... thereof.g a See ss . 3 ( 1 ) and 83 ( 1 ) . It is implied in this provision that " the interest must either be ascertained in gross on the face of the document , or it must be capable of being ascertained by numerical calcula- tion from ...
... thereof.g a See ss . 3 ( 1 ) and 83 ( 1 ) . It is implied in this provision that " the interest must either be ascertained in gross on the face of the document , or it must be capable of being ascertained by numerical calcula- tion from ...
Page 37
... thereof . D. sent the bill for acceptance to B. , who refused to accept it and retained it . In an action for delivery by D. it was held , contrary to the general rule , 3 that B. was entitled to retain the bill , as it had never been ...
... thereof . D. sent the bill for acceptance to B. , who refused to accept it and retained it . In an action for delivery by D. it was held , contrary to the general rule , 3 that B. was entitled to retain the bill , as it had never been ...
Page 46
... thereof against any party thereto can be acquired through or under that signature , unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority.a ...
... thereof against any party thereto can be acquired through or under that signature , unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority.a ...
Page 67
... thereof , by fraud , duress , or force and fear , 1 or other unlawful means , or for an illegal consideration , " or when he negotiates it in breach of faith , or under such circumstances as amount to a fraud . ° m ( 3. ) A holder ...
... thereof , by fraud , duress , or force and fear , 1 or other unlawful means , or for an illegal consideration , " or when he negotiates it in breach of faith , or under such circumstances as amount to a fraud . ° m ( 3. ) A holder ...
Contents
164 | |
166 | |
168 | |
170 | |
173 | |
174 | |
176 | |
177 | |
85 | |
92 | |
106 | |
113 | |
119 | |
125 | |
126 | |
132 | |
133 | |
135 | |
138 | |
139 | |
145 | |
147 | |
148 | |
149 | |
151 | |
152 | |
153 | |
155 | |
180 | |
186 | |
187 | |
188 | |
189 | |
191 | |
192 | |
193 | |
194 | |
206 | |
217 | |
229 | |
232 | |
236 | |
241 | |
244 | |
247 | |
276 | |
283 | |
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.