A Handy Book on the Law of Bills, Cheques, Notes and IOU's |
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Page 18
... ; gaming , wagering , and stockjobbing , & c . 10. Table illustrating the different defences treated of . 1. A consideration is some benefit given , or promise made , or loss suffered by the plaintiff to or 18 -Of Consideration.
... ; gaming , wagering , and stockjobbing , & c . 10. Table illustrating the different defences treated of . 1. A consideration is some benefit given , or promise made , or loss suffered by the plaintiff to or 18 -Of Consideration.
Page 19
James Walter Smith. made , or loss suffered by the plaintiff to or for the defendant . It is necessary for a plaintiff suing on contracts or promises , whether made by word of mouth or in writing , ( unless by deed , i . e . under seal ...
James Walter Smith. made , or loss suffered by the plaintiff to or for the defendant . It is necessary for a plaintiff suing on contracts or promises , whether made by word of mouth or in writing , ( unless by deed , i . e . under seal ...
Page 20
... plaintiff has given value , or deduces title from one who has . Therefore where a person , who has gratuitously drawn , accepted , or indorsed a bill , or made or indorsed a note , is sued upon it , it is necessary for him to allege in ...
... plaintiff has given value , or deduces title from one who has . Therefore where a person , who has gratuitously drawn , accepted , or indorsed a bill , or made or indorsed a note , is sued upon it , it is necessary for him to allege in ...
Page 21
... plaintiff in the action ; whereas nothing can be more fair than to leave the fact of consideration having passed to be proved by the plaintiff , who should know all about it . Where a plaintiff is suing upon a bill which he him- self ...
... plaintiff in the action ; whereas nothing can be more fair than to leave the fact of consideration having passed to be proved by the plaintiff , who should know all about it . Where a plaintiff is suing upon a bill which he him- self ...
Page 24
... plaintiff cannot recover upon a bill given for illegal consideration , if he is obliged to rely on the illegal transaction in making out his case . Considerations which are illegal , are so either ( 1 ) at common law , i.e. by the ...
... plaintiff cannot recover upon a bill given for illegal consideration , if he is obliged to rely on the illegal transaction in making out his case . Considerations which are illegal , are so either ( 1 ) at common law , i.e. by the ...
Other editions - View all
A Handy Book of the Law of Bills, Cheques, Notes, and IOU's Containing New ... James Walter Smith No preview available - 2018 |
A Handy Book of the Law of Bills, Cheques, Notes, and IOU's Containing New ... James Walter Smith No preview available - 2022 |
Common terms and phrases
acceptance supra protest acceptor for honor acceptor or maker accommodation bill action agent alteration amount Appendix authority Bank Bank of England banker Barrister-at-Law bill of exchange bill or note bill payable bills and notes bind blank chap CHAPTER cheque cloth Companies contract creditor debt debtor defendant delivery discharged drawer and indorsers drawer or indorser due course Edition Exch excused firm forged forgery fraud give notice given holder in due indorser instrument interest joint London Maps maturity ment negotiable non-acceptance note payable notice of dishonor overdue paid partner payable on demand payable to bearer payee plaintiff Post 8vo presentment for acceptance presentment for payment presumed Price 21s principal promissory note Published Annually recover refused ROBERT LUCAS set-off signature signed stamp Statute sued surety TABLES taking thereof transfer transferor unless WALTER SMITH words writing xvii xxii دو وو
Popular passages
Page 99 - 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 authority given and within a reasonable time.
Page 42 - The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need ; that is to say, in case the bill is dishonored by non-acceptance or non-payment. Such person is called the referee in case of need.
Page 72 - If given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following; 2.
Page 100 - Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders the true owner of the bill. But nothing in this section affects the rights of a person who in due course accepts or pays the part first presented to him.
Page 109 - 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 32 - Where the holder of an instrument payable to his order transfers it for value without indorsing it, the transfer vests in the transferee such title as the transferor had therein, and the transferee acquires, in addition, the right to have the indorsement of the transferor.
Page 20 - 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 47 - Where the bill is drawn payable elsewhere than at the residence or place of business of the drawee.
Page 68 - 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 78 - Provided that, where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it according to its original tenor.