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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Page 1084
... maker , but if he has none , then the presence of the paper in the place is sufficient.45 Pre- sentation need not , however , be made at the corner of certain streets where they are the only place of payment specified . " Again , where ...
... maker , but if he has none , then the presence of the paper in the place is sufficient.45 Pre- sentation need not , however , be made at the corner of certain streets where they are the only place of payment specified . " Again , where ...
Page 1085
... maker has so removed from the state before maturity of the note and has left no representative there , no demand is ... maker's place of business or not , where it is made upon him personally at an office during business hours , and the ...
... maker has so removed from the state before maturity of the note and has left no representative there , no demand is ... maker's place of business or not , where it is made upon him personally at an office during business hours , and the ...
Page 1086
... maker liable.58 The result , apart from dis- charge of persons secondarily liable , of failure to present the ... maker has no funds there with which to make payment.63 It is held , however , that because a note is made payable at a ...
... maker liable.58 The result , apart from dis- charge of persons secondarily liable , of failure to present the ... maker has no funds there with which to make payment.63 It is held , however , that because a note is made payable at a ...
Page 1094
... maker , when he could have obtained the necessary information by such in- quiry.13 And although the holder is told that the maker has absconded and his place of business is found closed , such facts do not excuse presentment and demand ...
... maker , when he could have obtained the necessary information by such in- quiry.13 And although the holder is told that the maker has absconded and his place of business is found closed , such facts do not excuse presentment and demand ...
Page 1097
... maker states that the maker of the note could not make payment does not do away with the necessity of making demand ; 31 nor is the requirement of making a demand excused by the statement of the drawer to the payee that the drawee could ...
... maker states that the maker of the note could not make payment does not do away with the necessity of making demand ; 31 nor is the requirement of making a demand excused by the statement of the drawer to the payee that the drawee could ...
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Common terms and phrases
acceptance acceptor accommodation indorser action agent agreement American Nat amount bad faith bill of exchange bona fide holder bona fide purchaser burden certificate of deposit collateral security comaker commercial paper Conn contract corporation debt defect defense delivered delivery demand note deposit discharge draft drawer due course entitled estopped evidence executed fact failure of consideration fraud held holder for value holder in due infirmity Inst Iowa Kans knowledge law merchant liable Mass maturity ment Minn Misc mortgage Nebr Negotiable Instruments Act negotiable paper nonnegotiable nonpayment note given note payable notice of dishonor Okla paid party payee person plaintiff presentment for payment promissory note prove provision purchaser received recover set-off signature signed statute sufficient suit surety Tenn thereof tion transfer Trust usury waiver Wash
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.