Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the Amending Act of 1891, with Notes and Illustrations from Canadian, English and American Decisions, and References to Ancient and Modern French Law |
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Page xlviii
... maker , resting , therefore , upon the security of the maker alone . They were at first made pay- able to bearer , but when the practice of making bills of exchange payable to order , and making them transferable by indorsement , had ...
... maker , resting , therefore , upon the security of the maker alone . They were at first made pay- able to bearer , but when the practice of making bills of exchange payable to order , and making them transferable by indorsement , had ...
Page lix
... maker , Lord Mansfield having left it to the jury to say " whether such as this , when actually paid away in the course of trade dealing and business , were negotiable or in fact and prac- tice negotiable " ; and the jury , influenced ...
... maker , Lord Mansfield having left it to the jury to say " whether such as this , when actually paid away in the course of trade dealing and business , were negotiable or in fact and prac- tice negotiable " ; and the jury , influenced ...
Page 38
... maker : Wood- bridge v . Spooner , 3 B. & A. 233 ( 1819 ) ; or , that it should be only to secure the payment of interest during the life of the payee Hill v . Wilson , L. R. 8 Ch . App . 888 ( 1873 ) ; or , that an indorser at the time ...
... maker : Wood- bridge v . Spooner , 3 B. & A. 233 ( 1819 ) ; or , that it should be only to secure the payment of interest during the life of the payee Hill v . Wilson , L. R. 8 Ch . App . 888 ( 1873 ) ; or , that an indorser at the time ...
Page 40
... his authority : sections 25 and 90 . As to notarial promissory notes en brevet in Quebec , where the maker neither signs nor makes his mark , see note to section 82 . In the case of a corporation , the seal alone 40 BILLS OF EXCHANGE 82 14.
... his authority : sections 25 and 90 . As to notarial promissory notes en brevet in Quebec , where the maker neither signs nor makes his mark , see note to section 82 . In the case of a corporation , the seal alone 40 BILLS OF EXCHANGE 82 14.
Page 45
... maker directly to his immediate creditor Bank Act , 53 Vict . c . 31 , s . 60. Companies incorporated by special Dominion Act , to which the general Act applies , or by letters patent are prohibited from issuing a note payable to bearer ...
... maker directly to his immediate creditor Bank Act , 53 Vict . c . 31 , s . 60. Companies incorporated by special Dominion Act , to which the general Act applies , or by letters patent are prohibited from issuing a note payable to bearer ...
Contents
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Bills, Notes And Cheques: The Bills Of Exchange Act, 1890, Canada, And The ... John James MacLaren No preview available - 2018 |
Common terms and phrases
acceptance supra protest acceptor accommodation bill addressed agent authority Bank of Montreal banker bill drawn bill of exchange bill or note bill payable bills and notes bona fide holder C. C. Art cheque Civil Code clause consideration contract Court creditor debt debtor defendant delivery discharged drawer and indorsers due course entitled fraud give notice holder for value holder in due honor ILLUSTRATIONS Imperial Act inland bill instrument law merchant Lower Canada maker maturity ment Molsons Bank negotiable non-acceptance non-payment notary note given note payable notice of dishonor Nova Scotia Ontario overruled paid partner party payable on demand payable to bearer payable to order payee personally liable place of payment plaintiff presented for payment promise to pay promissory note provinces qualified acceptance Quebec Quebec Bank recover Reports rule signature signed Statutes sub-section subsequent sufficient thereof tion transfer Upper Canada valid Vict words
Popular passages
Page 210 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Page 171 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 37 - 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 125 - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Page 417 - 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.
Page 194 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 135 - ... on behalf of the Company, by any agent, officer or servant of the Company, in general accordance with his powers as such under the by-laws of the...
Page 247 - 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 282 - A written notice need not be signed and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby.
Page 184 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.