Annual Report of the Illinois State Bar AssociationThe Association, 1899 - Bar associations |
From inside the book
Results 1-5 of 68
Page 47
... effect of it ? If a man commences a suit in chancery and desires to proceed at law the court would necessarily make him pay the costs and it is better to preserve the distinction and dis- miss his suit whether at law or chancery , and ...
... effect of it ? If a man commences a suit in chancery and desires to proceed at law the court would necessarily make him pay the costs and it is better to preserve the distinction and dis- miss his suit whether at law or chancery , and ...
Page 55
... would not , under any circumstances lie ; and that that section of the code only could have operation and effect where both courts had concurrent jurisdiction . PROCEEDINGS . That has been done in three or four PART I. 55.
... would not , under any circumstances lie ; and that that section of the code only could have operation and effect where both courts had concurrent jurisdiction . PROCEEDINGS . That has been done in three or four PART I. 55.
Page 86
... effect that all the Circuit Courts of the United States be abolished and that there should be but one Federal Court known as the District Court , with as many branches as necessary in the different localities . In this way the ...
... effect that all the Circuit Courts of the United States be abolished and that there should be but one Federal Court known as the District Court , with as many branches as necessary in the different localities . In this way the ...
Page 90
... effect of which shall be , if it receives the approval of this Association , to place us in harmony upon the general proposi- tion with the American Bar Association . I still insist , Mr. President , that the suggestion made is of the ...
... effect of which shall be , if it receives the approval of this Association , to place us in harmony upon the general proposi- tion with the American Bar Association . I still insist , Mr. President , that the suggestion made is of the ...
Page 97
... effect to this idea , it is proposed to present a suit- able memorial to the American Bar Association at its next August session at Buffalo , accompanied with proper resolutions to the effect that the American Bar Association appoint a ...
... effect to this idea , it is proposed to present a suit- able memorial to the American Bar Association at its next August session at Buffalo , accompanied with proper resolutions to the effect that the American Bar Association appoint a ...
Contents
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Common terms and phrases
action ADOLPH MOSES adopted amendment American Bar Association appeal Appellate Court Applause appointed attorney BENSON WOOD bill Building Chicago Chair Chairman Charles Chicago Chicago Chicago Chicago Springfield Chief Justice Circuit Court commission common law Constitution Cook county corporation Dearborn Street dishonor drawer Executive Committee favor Galesburg gentlemen George George W Henry holder Home Insurance Building honor Illinois State Bar indorsement John JUDGE BRADWELL JUDGE GROSS judgment Julius Rosenthal jurisdiction jury Law Reform lawyer legislation Legislature Marquette Building MATHENY matter MCNULTA Metropolitan Block Monadnock Building monopoly NEGOTIABLE INSTRUMENTS NEGOTIABLE INSTRUMENTS LAW notice Obituary Memoranda opinion ORENDORFF party payable payment person point of order practice present PROCEEDINGS question Rookery Section session SHERMAN SPECIAL ADDRESS Springfield statute Street Chicago Supreme Court thereof Thomas tion Title and Trust trial Trust Building Unity Building VICE PRESIDENT WOOD William York Life Building
Popular passages
Page 106 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Page 115 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 101 - ... the delivery 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 102 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.
Page 110 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by nonacceptance or nonpayment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 106 - 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 105 - 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 108 - As respects one another, indorsers are liable prima facie in the order in which they indorse; but evidence is admissible to show that as between or among themselves they have agreed otherwise. Joint payees or joint indorsees who indorse are deemed to indorse jointly and severally.
Page 117 - The holder may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance, he may treat the bill as dishonored by non-acceptance. Where a qualified acceptance is taken, the drawer and indorsers are discharged from liability on the bill, unless they have expressly or impliedly authorized the holder to take a qualified acceptance, or subsequently assent thereto.
Page 123 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.