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 926
... tion of rule . 871. Damages arising ex contractu and under the same contract . 872. Damages arising ex contractu but under different contract . 873. Damages for breach of warranty or covenant . 874. Damages for breach of warranty or ...
... tion of rule . 871. Damages arising ex contractu and under the same contract . 872. Damages arising ex contractu but under different contract . 873. Damages for breach of warranty or covenant . 874. Damages for breach of warranty or ...
Page 927
... tion . 947. By receipt of benefits - Failure of consideration . 948. By conduct , representation or promise - Want or failure of consideration . 949. By knowledge or notice - Want or failure of consideration . 950. As to capacity and ...
... tion . 947. By receipt of benefits - Failure of consideration . 948. By conduct , representation or promise - Want or failure of consideration . 949. By knowledge or notice - Want or failure of consideration . 950. As to capacity and ...
Page 931
... tion . 1046. Place of indorsement ; presump- tion . 1047. Continuation of negotiable char- acter . 1048. Striking out indorsement . 1049. Transfer without indorsement ; effect of . 1050. When prior party may negotiate instrument . 1051 ...
... tion . 1046. Place of indorsement ; presump- tion . 1047. Continuation of negotiable char- acter . 1048. Striking out indorsement . 1049. Transfer without indorsement ; effect of . 1050. When prior party may negotiate instrument . 1051 ...
Page 947
... tion is that the debt is paid . Boulter v . Joliet Nat . Bank , 217 Ill . App . 330 . 43 Bothell v . Fletcher & Stobaugh , 94 Ark . 100 , 125 S. W. 645 ; McKenney v . Ellsworth , 165 Cal . 326 , 132 Pac . 75 ; McClellan v . Morris , 71 ...
... tion is that the debt is paid . Boulter v . Joliet Nat . Bank , 217 Ill . App . 330 . 43 Bothell v . Fletcher & Stobaugh , 94 Ark . 100 , 125 S. W. 645 ; McKenney v . Ellsworth , 165 Cal . 326 , 132 Pac . 75 ; McClellan v . Morris , 71 ...
Page 967
... tion to ascertain the cashier's author- ity . The case was reversed in Kissam v . Anderson , 145 U. S. 435 , 36 L. ed . 765 , 12 Sup . Ct . 960 ) ; Third Nat . Bank v . Harrison , 10 Fed . 243 , 3 Mc- Crary 316 ( cited generally to the ...
... tion to ascertain the cashier's author- ity . The case was reversed in Kissam v . Anderson , 145 U. S. 435 , 36 L. ed . 765 , 12 Sup . Ct . 960 ) ; Third Nat . Bank v . Harrison , 10 Fed . 243 , 3 Mc- Crary 316 ( cited generally to the ...
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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.