The Law Relating to Cheques |
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Page ix
... defects of title ; thus " negotiation as defined by the Act has nothing to do with " negotiability " as understood by lawyers ! 99 " " The second point of difficulty is whether by the joint operation of ss . 36 ( 3 ) and 73 overdue ...
... defects of title ; thus " negotiation as defined by the Act has nothing to do with " negotiability " as understood by lawyers ! 99 " " The second point of difficulty is whether by the joint operation of ss . 36 ( 3 ) and 73 overdue ...
Page xi
... - able length of time - it is not negotiable , and the taker takes it subject to the transferor's defects of title . If , therefore , this rule applies to cheques , it was xii INTRODUCTION . needless to enquire whether W. Hughes took.
... - able length of time - it is not negotiable , and the taker takes it subject to the transferor's defects of title . If , therefore , this rule applies to cheques , it was xii INTRODUCTION . needless to enquire whether W. Hughes took.
Page 4
... defect in the title of the transferor to him of the instrument , is not pre- judiced in his rights to and upon it by reason of the existence of such a defect . The definition in Chapter II . of the " holder's " rights will further ...
... defect in the title of the transferor to him of the instrument , is not pre- judiced in his rights to and upon it by reason of the existence of such a defect . The definition in Chapter II . of the " holder's " rights will further ...
Page 6
... defect of title of prior parties , as well as from ( c ) mere personal defences available to prior parties among themselves , and may enforce payment against all parties liable on the cheque ( d ) . ( b ) Whether a bearer or order ...
... defect of title of prior parties , as well as from ( c ) mere personal defences available to prior parties among themselves , and may enforce payment against all parties liable on the cheque ( d ) . ( b ) Whether a bearer or order ...
Page 7
... defect in the title of the person who negotiated it . ( S. 29 ( 1 ) . ) What is a defective title is considered in Chapters IV . and VII . There are two cases where a bonâ fide holder for value does not acquire the rights of a holder in ...
... defect in the title of the person who negotiated it . ( S. 29 ( 1 ) . ) What is a defective title is considered in Chapters IV . and VII . There are two cases where a bonâ fide holder for value does not acquire the rights of a holder in ...
Common terms and phrases
acceptor accord and satisfaction agent for collection altered amount applies to cheques Attenborough authority Bank of England Bank of London Bank of Scotland banker Baxendale Bills of Exchange bills payable bonâ fide Chalmers cheque drawn cheque is crossed cheque paid cheque payable Clutton Clydesdale Bank corporation County Bank Crédit Lyonnais creditor crossed not negotiable debt decision defendant bank drawer or indorser due course entitled forged giving notice Grote held holder for value holder in due indorsement in blank infant Ingham instrument judgment jury L. J. Ch L. J. Ex Lacave London and County ment National Bank negligence negotiable instrument notice of dishonour overdue bills overdue cheques payable on demand payable to bearer payable to order payee plaintiff presented for payment Primrose RATIO DECIDENDI recover restrictive indorsement Richdale special indorsement stolen sued supra transferor true owner Union Bank Vict words prohibiting transfer
Popular passages
Page 62 - 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...
Page 2 - 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 51 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Page 105 - Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note.
Page 28 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him, is conclusively presumed.
Page 79 - When a bill payable to order on demand is drawn on a banker, and the banker on whom it is drawn pays the bill in good faith and in the ordinary course of business, it is not incumbent on the banker to show that the indorsement of the payee or any subsequent indorsement was made by or under the authority of the person whose indorsement it purports to be, and the banker is deemed to have paid the bill in due course, although such indorsement has been forged or made without authority.
Page 34 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time.
Page 41 - 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 7 - That he took the bill in good faith and for value, and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it.
Page 92 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.