A Treatise on the Law of Defenses in Actions on Commercial Paper: Including the Uniform Negotiable Instruments Law with Full Annotations, Volume 2

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Bobbs-Merrill, 1924 - Actions and defenses - 2158 pages
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Contents

Suspicious circumstances gross negligence or bad faith 692 Suspicious circumstances gross negligence or bad faith
960
What constitutes discharge of in 970 Effect of discharge of one of
961
Illustrative cases
962
By stock or bonds 978 PaymentTo whom continued
967
Suspicious circumstancesRule in Vermont
971
VOLUME 2
973
DISCHARGE OF PARTY OR PARTIES TO
975
Duty of indorsee or transferee to make inquiry
979
Discharge of maker 992 Discharge of guarantor
985
Other modes of discharge of 998 Renunciation by holder
991
Matters apparent from instrument itself or from accom panying papersNoticeInquiry
993
Omission of revenue stamp or failure to cancel stamp
995
Effect of notice acquired after purchase of instrument 699 Indorsement subsequent to notice 700 NoticeFraud
997
NoticeFraudulent alteration
1000
NoticeAccommodation paper
1001
NoticeCorporationAgency
1007
ErasuresForgeryNoticeNegligenceRecovery
1016
Corporation indorsementAccommodation paper
1022
Presumptions and burden of proof as to holder in
1029
Matters apparent from instru 712 Presumptions and burden
1060
Maturity
1075
Pet U S 318 Foley
1082
Section Section
1102
CHAPTER 25
1105
Where notice must be sent 1118 When protest need not be made
1108
How madeSignature 790 Waiver of protestParties
1113
CHAPTER 26
1126
transferred after maturity See note
1149
Notice to parties Circumstances beyond hold
1150
Section Section
1152
When bill may be accepted for 1166 Maturity of bill payable after
1161
CHAPTER 27
1174
Referee in case of need
1177
Section
1178
Liability of drawer
1182
check will be honoredWant
1212
Section Section
1215
What may be set off generally availability
1223
AVAILABILITY IN RESPECT TO PARTICULAR PAR
1244
TITLE III
1250

Common terms and phrases

Popular passages

Page 1320 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 1471 - 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.
Page 1027 - A holder in due course holds the instrument free • from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 1168 - Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omission to give due notice, and the waiver may be express or implied.
Page 1405 - Must contain an unconditional promise or order to pay a sum certain in money...
Page 1055 - A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same.
Page 1041 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Page 1262 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance; and admits: 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
Page 1320 - When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon. SEC. 183. Except as herein otherwise provided where any one part of a bill drawn in a set is discharged by payment or otherwise the whole bill is discharged.
Page 1723 - On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.

Bibliographic information