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 lii
... writing , which without it would have that effect at common law . It is from mercantile usage as proved in evidence , and ratified by judicial decision in the great case of Lickbarrow v . Mason , 2 T. R. 63 ( 1787 ) , that the efficacy ...
... writing , which without it would have that effect at common law . It is from mercantile usage as proved in evidence , and ratified by judicial decision in the great case of Lickbarrow v . Mason , 2 T. R. 63 ( 1787 ) , that the efficacy ...
Page 12
... writing upon it . Notes for sums payable otherwise than in money were presumed to be for value , and recog- nized as promissory notes but were not negotiable . These last have not been dealt with in the present Act or in any other ...
... writing upon it . Notes for sums payable otherwise than in money were presumed to be for value , and recog- nized as promissory notes but were not negotiable . These last have not been dealt with in the present Act or in any other ...
Page 14
... writing on the bill was passed in 1836 6 Wm . 4 , c . 49 . The law in force at the time of Confederation was to be found in 1 Rev. Stat . Title xxx . , c . 116 , as amended by 22 Vict . c . 22 , and 30 Vict . c . 34. See Con . Stat ...
... writing on the bill was passed in 1836 6 Wm . 4 , c . 49 . The law in force at the time of Confederation was to be found in 1 Rev. Stat . Title xxx . , c . 116 , as amended by 22 Vict . c . 22 , and 30 Vict . c . 34. See Con . Stat ...
Page 22
... writing on the bill itself , or by collateral writing , or by parol : Lumley v . Palmer , Str . 1000 ( 1735 ) ; Clarke v . Cock , 1 East , 57 ( 1803 ) ; Lagueux v . Everett , 1 Rev. de Leg . 510 ( 1817 ) ; Jones v . Goudie , 2 Rev. de ...
... writing on the bill itself , or by collateral writing , or by parol : Lumley v . Palmer , Str . 1000 ( 1735 ) ; Clarke v . Cock , 1 East , 57 ( 1803 ) ; Lagueux v . Everett , 1 Rev. de Leg . 510 ( 1817 ) ; Jones v . Goudie , 2 Rev. de ...
Page 23
... written or verbal . The definition and requisites of a valid acceptance are given in section 17 . ( b ) The expression claim and set - off ; " Action " includes counter " Action . " The word " action " is not often used in the Act . It ...
... written or verbal . The definition and requisites of a valid acceptance are given in section 17 . ( b ) The expression claim and set - off ; " Action " includes counter " Action . " The word " action " is not often used in the Act . It ...
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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.