The Bills of Exchange Act, 1882: (45 & 46 Vict. C. 61). With Explanatory Notes and Decisions, and Also an Appendix |
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Page iii
... Abstract of Enactments , a List of Contents has been considered superfluous . In conclusion , the Authors beg to acknowledge their great indebtedness to the following works , viz . , the late iv PREFACE . Mr. Justice Byles ' Treatise on ...
... Abstract of Enactments , a List of Contents has been considered superfluous . In conclusion , the Authors beg to acknowledge their great indebtedness to the following works , viz . , the late iv PREFACE . Mr. Justice Byles ' Treatise on ...
Page 10
... considered as such , Leeds v . Lancashire , 2 Camp . 205 ; see also Haussoullier v . Hartsinck , 7 T. R. 733. In Pearson v . Garrett , 4 Mod . 242 , it was held that an action brought by the payee of a note by which the maker promised ...
... considered as such , Leeds v . Lancashire , 2 Camp . 205 ; see also Haussoullier v . Hartsinck , 7 T. R. 733. In Pearson v . Garrett , 4 Mod . 242 , it was held that an action brought by the payee of a note by which the maker promised ...
Page 16
... considered necessary ; and if the date is omitted , it is considered as dated on the day on which it was made , which is shewn by parol evidence , Davis v . Jones , 17 C. B. € 25 ; 25 L. J. C. P. 91 ; Giles v . Bourne , 6 M. & S. 73 ...
... considered necessary ; and if the date is omitted , it is considered as dated on the day on which it was made , which is shewn by parol evidence , Davis v . Jones , 17 C. B. € 25 ; 25 L. J. C. P. 91 ; Giles v . Bourne , 6 M. & S. 73 ...
Page 18
... considered as undertaking to pay to the order of the person who signed as the drawer , Cooper v . Meyer , 10 B. & C. 468 ; see also 1 Parsons on Bills , 32 ; Beeman v . Duck , 11 M. & W. 251 . ( b ) The drawee is the person on or to ...
... considered as undertaking to pay to the order of the person who signed as the drawer , Cooper v . Meyer , 10 B. & C. 468 ; see also 1 Parsons on Bills , 32 ; Beeman v . Duck , 11 M. & W. 251 . ( b ) The drawee is the person on or to ...
Page 19
... considered a promissory note at the option of the holder ; so also an instrument which appears on common observation to be a bill of exchange may be treated as such , although words be introduced into it for the purpose of deception ...
... considered a promissory note at the option of the holder ; so also an instrument which appears on common observation to be a bill of exchange may be treated as such , although words be introduced into it for the purpose of deception ...
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The Bills of Exchange Act, 1882: (45 & 46 Vict. C. 61). With Explanatory ... William Frederick Barry,Aviet Agabeg No preview available - 2017 |
Common terms and phrases
acceptor for honour action agent alteration amount authority Bank of England bill is drawn bill of exchange bill or note bill payable Bills 13th Edition Bing Byles on Bills Camp cancelled cheque is crossed consideration contract Court delivery discharged drawer due course duly entitled exchange or cheque forged give notice given held holder in due Indian Act indorsement Inner Temple L. J. Ch L. J. Ex Lincoln's Inn Lord Lord Tenterden maker maturity ment negotiable instrument non-payment notary notes thereto notice of dishonour overdue paid Parsons on Bills payable on demand payable to bearer payee plaintiff presented for payment presentment for acceptance Presentment of cheques promise to pay promissory note reasonable received RICHARD OTTAWAY rule sect signature signed Smith stamp statute Story on Bills sub-s sub-sect sufficient sum certain supra Taunt thereof United Kingdom Vict
Popular passages
Page 36 - 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 35 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him, is conclusively presumed.
Page 131 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Page 6 - 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 5 - Bearer" means the person in possession of a bill or note which is payable to bearer. "Bill" means bill of exchange, and "note" means negotiable promissory note.
Page 49 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 76 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence.
Page 131 - The rules of the common law, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act...
Page 69 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Page 31 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn. (3) Local, that is to say, an acceptance to pay only at a particular place. (4) Qualified as to time. (5) The acceptance of some one or more of the drawees, but not of all.