Annual Report of the Illinois State Bar AssociationThe Association, 1899 - Bar associations |
From inside the book
Results 1-5 of 80
Page 53
... judgment , or upon a general demurrer where the court had to consider the question whether the party had been enabled to state facts enough to constitute a cause of action , but otherwise the Supreme Court at least . is not troubled at ...
... judgment , or upon a general demurrer where the court had to consider the question whether the party had been enabled to state facts enough to constitute a cause of action , but otherwise the Supreme Court at least . is not troubled at ...
Page 61
... judgment is entered that judgment shall also be entered against the surety with thirty days time for the surety to show cause why judgment shall not be vacated . ( Applause ) . Here in Chicago a number of cases were settled last ...
... judgment is entered that judgment shall also be entered against the surety with thirty days time for the surety to show cause why judgment shall not be vacated . ( Applause ) . Here in Chicago a number of cases were settled last ...
Page 62
Illinois State Bar Association. PROCEEDINGS . to it , in my judgment . I have sat in these courts here and have listened to the erroneous instructions given to the jury , and the lawyers sitting by knowing , and speculating upon the ...
Illinois State Bar Association. PROCEEDINGS . to it , in my judgment . I have sat in these courts here and have listened to the erroneous instructions given to the jury , and the lawyers sitting by knowing , and speculating upon the ...
Page 72
... judgment goes against him on pleadings . MR . ANDREWS : What actions ? MR . HIRSHL : Any action , that is any kind of an action . Of course there are cases which ultimately must be solved by the jury . I don't mean to say every action ...
... judgment goes against him on pleadings . MR . ANDREWS : What actions ? MR . HIRSHL : Any action , that is any kind of an action . Of course there are cases which ultimately must be solved by the jury . I don't mean to say every action ...
Page 78
... that I would regard this motion and its adoption at this time , in my judgment , as out of order , and I make that suggestion . The application , as I understand , has not been filed . PROCEEDINGS . MR . BALDWIN : One has been , 78 PART I.
... that I would regard this motion and its adoption at this time , in my judgment , as out of order , and I make that suggestion . The application , as I understand , has not been filed . PROCEEDINGS . MR . BALDWIN : One has been , 78 PART I.
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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.