Popular Law Library, Putney...Cree publishing Company, 1908 - Law |
From inside the book
Results 1-5 of 42
Page 12
... common law forms of judicial proceedings were adapted to its principles . " A distinction seems to have been made very early between the contracts of merchants ( especially of foreign merchants ) and those of other people . Nearly six ...
... common law forms of judicial proceedings were adapted to its principles . " A distinction seems to have been made very early between the contracts of merchants ( especially of foreign merchants ) and those of other people . Nearly six ...
Page 13
... common law . And for a long time it was thought necessary to plead it as a custom between merchants of particular places , viz . , as a custom among the mer- chants residing in London and merchants in Ham- burgh , & c . By degrees ...
... common law . And for a long time it was thought necessary to plead it as a custom between merchants of particular places , viz . , as a custom among the mer- chants residing in London and merchants in Ham- burgh , & c . By degrees ...
Page 14
... common law a man may resort to him that received the money , if he to whom the bill was directed , refuse . ' It was afterwards moved again that this ' is only a particular custom among merchants , and not common law ; but , per curiam ...
... common law a man may resort to him that received the money , if he to whom the bill was directed , refuse . ' It was afterwards moved again that this ' is only a particular custom among merchants , and not common law ; but , per curiam ...
Page 16
... common law , as it is taken in its proper and usual acceptation , says : ' And besides these more common and ordinary matters to which the common law extends , it likewise includes the laws applicable to divers matters of very great ...
... common law , as it is taken in its proper and usual acceptation , says : ' And besides these more common and ordinary matters to which the common law extends , it likewise includes the laws applicable to divers matters of very great ...
Page 17
... common or general law of the land , and shows that it ought not to be considered as a system contrary to the common law , but as an essential constituent part of it , and that it always was of co - equal authority as far as subjects ...
... common or general law of the land , and shows that it ought not to be considered as a system contrary to the common law , but as an essential constituent part of it , and that it always was of co - equal authority as far as subjects ...
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Common terms and phrases
acceptance for honor acceptance supra protest acceptor adjudged agent amount application assignment bank bankrupt bill of exchange bill or note Bills and Notes bona fide holder bond claim co-sureties common law consideration contract of insurance court of bankruptcy creditor debt deemed default defense delivery discharge dishonored by non-acceptance drawer and indorsers due course equity filed fraud give notice given guarantor guaranty holder for value holder in due instru instrument is payable insurable interest jurisdiction law merchant lex mercatoria maker maturity ment merchants negotiable instrument non-payment notice of dishonor obligation paid paper payable on demand payee person petition plaintiff presentment for acceptance presentment for payment principal debtor proceedings promissory note reasonable referee rule secondarily liable SECTION signature specified statute subrogated subsequent sum certain surety suretyship thereof tion transfer trustee unless valid void Wend
Popular passages
Page 93 - That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. 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.
Page 88 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 84 - 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. 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 strictly in accordance with the authoritjgiven and within a reasonable...
Page 304 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 274 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) Are due as a tax levied by the United States, the State, county, district, or municipality in which he resides ; (2) Are judgments in actions for frauds, or obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Page 102 - When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday.
Page 22 - Act is an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer.
Page 357 - Deceased, do make or cause to be made a true and perfect Inventory...
Page 83 - Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly.
Page 264 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay or defraud his creditors, or any of them...