The Bills of Exchange Act, 1890: Being a Codification of the Law-merchant Respecting Bills of Exchange, Cheques, and Promissory Notes : with Explanatory Notes and Illustrations from Canadian, English, and American Decisions |
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Page iii
... writer can properly deal with the Act without the aid of Judge Chalmers's " Digest of the law of Bills of Exchange , Promissory Notes , and Cheques . " As draftsman and critic of the English Act , of which our Act is almost entirely a ...
... writer can properly deal with the Act without the aid of Judge Chalmers's " Digest of the law of Bills of Exchange , Promissory Notes , and Cheques . " As draftsman and critic of the English Act , of which our Act is almost entirely a ...
Page 4
... writers , that Bills of Exchange were known to the nations of antiquity , and especially to the Romans . 3 But there is great reason to 2 Beawes , Lex Mercatoria , 559-560 . 3 Mr. Justice Byles in the preface to his work on Bills of ...
... writers , that Bills of Exchange were known to the nations of antiquity , and especially to the Romans . 3 But there is great reason to 2 Beawes , Lex Mercatoria , 559-560 . 3 Mr. Justice Byles in the preface to his work on Bills of ...
Page 5
... writers . And in the Pandects , the like contract is supposed to be referred to in certain passages . But it may be doubtful , whether the contract here spoken of , is that of our modern bill of exchange . It may be said more nearly to ...
... writers . And in the Pandects , the like contract is supposed to be referred to in certain passages . But it may be doubtful , whether the contract here spoken of , is that of our modern bill of exchange . It may be said more nearly to ...
Page 7
... writers on bills of exchange state that the first known mention of the indorsement of these instru- ments occurs in 1607. Others have assigned it to a later A. D. 1607 . date , namely 1620. From its obvious convenience in the A. D. 1620 ...
... writers on bills of exchange state that the first known mention of the indorsement of these instru- ments occurs in 1607. Others have assigned it to a later A. D. 1607 . date , namely 1620. From its obvious convenience in the A. D. 1620 ...
Page 10
... writing which , with- out it , would not have had that effect at common law . It is from mercantile usage , as proved in evidence , and ratified by judicial decision , that the right to pass the 2 Brandao v . Barnett , 12 C. & F. 805 ...
... writing which , with- out it , would not have had that effect at common law . It is from mercantile usage , as proved in evidence , and ratified by judicial decision , that the right to pass the 2 Brandao v . Barnett , 12 C. & F. 805 ...
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The Bills of Exchange Act, 1890: Being a Codification of the Law-Merchant ... Thomas Hodgins No preview available - 2016 |
Common terms and phrases
acceptor for honor accommodation accommodation bill action agent alteration amount authority Bank of England Bank of Montreal banker bill drawn bill of exchange bill or note bill payable bills and notes blank Byles on Bills cheque choses in action clause contract Court days of grace debt debtor defendant delivery discharged due course England English Act entitled evidence executor foreign bill fraud give notice Held holder for value holder in due ILLUSTRATIONS indorser inland bill instrument law-merchant Lex Mercatoria liable maker maturity ment merchants negotiable non-payment notary note given note payable notice of dishonor paid parties payable on demand payable to bearer payee plaintiff presented for payment promise to pay promissory note Quebec reasonable recover rule signature signed Smith statute Story on Bills sub-s sufficient sum certain surety thereof tion transfer Upper Canada usage valid words
Popular passages
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...
Page 117 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.