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The Bills of Exchange Act, 1890: Being a Codification of the Law-Merchant ...
No preview available - 2016
acceptance acceptor accommodation according action afterwards agent alteration amount apply authority Bank banker bearer become bill of exchange bill or note bill payable blank bound Canada charge cheque clause condition consideration contract corporation Court crossed debt defendant delivery demand discharged draw drawer drawn due course effect England English entitled evidence expressed fact firm foreign give given hands Held holder holder in due honor ILLUSTRATIONS indorser intended interest liable limited maker maturity means ment merchants necessary negotiable non-acceptance notary note payable notice of dishonor original paid particular parties payable payee payment person plaintiff presentment prior promise promissory note protest proved reasonable received recover refused residence respect rule signature signed Smith statute subsequent sufficient thereof transfer unless valid writing written
Page 93 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Page 143 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers.
Page 247 - 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 222 - Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders...
Page 247 - Where a person takes a crossed cheque which bears on it the words " not negotiable," he shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had.
Page 210 - A cancellation made unintentionally or under a mistake, or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake or without authority.
Page 60 - The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonored by non-acceptance or nonpayment. Such person is called the referee in case of need.
Page 225 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.
Page 73 - A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to A fact is said to be disproved when, after consid„ ering the matters before it, the Court Disprove . either believes that it does not exist...