The Home Library of Law ...Doubleday, Page & Company, 1905 - Law |
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Page 497
... fixed amount , unless the owner shall give notice of its contents at the time of delivering the same . In some cases it has been held that these notices fixing the amount of their liability are not binding on passengers , and they ...
... fixed amount , unless the owner shall give notice of its contents at the time of delivering the same . In some cases it has been held that these notices fixing the amount of their liability are not binding on passengers , and they ...
Page 498
... fixed in advance by the shipper at $ 100 . The horse was injured at the end of the line of shipment , yet the shipper , notwithstanding his agreement , sued the carrier and recovered $ 10,000 . By the law of New York , where the transit ...
... fixed in advance by the shipper at $ 100 . The horse was injured at the end of the line of shipment , yet the shipper , notwithstanding his agreement , sued the carrier and recovered $ 10,000 . By the law of New York , where the transit ...
Page 506
... fixed for notifying . 85. Effect of a mistake in dating a notice . 86. Object of a protest . 87. When a notary is disqualified from acting . 88. Is the sending of notices a part of his official duty ? 89. The holder must give him proper ...
... fixed for notifying . 85. Effect of a mistake in dating a notice . 86. Object of a protest . 87. When a notary is disqualified from acting . 88. Is the sending of notices a part of his official duty ? 89. The holder must give him proper ...
Page 509
... fixed or determinable future time , a sum certain in money to order or to bearer . " The person who writes or draws the bill is called the drawer ; the person to whom it is directed , the drawee ; and after accepting , or agreeing to ...
... fixed or determinable future time , a sum certain in money to order or to bearer . " The person who writes or draws the bill is called the drawer ; the person to whom it is directed , the drawee ; and after accepting , or agreeing to ...
Page 511
... fixed or determinable future time . Must be payable to order or to bearer , and , where the instrument is addressed to a drawee , he must be named or otherwise indicated therein with reasonable certainty . " Neg . Inst . Law of Pa ...
... fixed or determinable future time . Must be payable to order or to bearer , and , where the instrument is addressed to a drawee , he must be named or otherwise indicated therein with reasonable certainty . " Neg . Inst . Law of Pa ...
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Common terms and phrases
acceptance for honour acceptor accident agent agreement amount apply assigns authorised authority bank barratry bill of exchange bill of lading bind bottomry cargo caused certification certified check charter-party common carrier concerning consent consignee contract courts creditor debt debtor delay delivered delivery demurrage discharged drawer due course effect fire firm fraud freight money give notice given guaranty holder in due indorser injury instru instrument is payable insured interest lien loss maker master maturity ment negligence negotiable instrument non-payment notary notice of dishonour notified owner paid partner partnership passenger payable on demand payee perils post-office premium presented for acceptance presented for payment promise promissory note proper property insured protest purpose reasonable received recover regarded risk rule ship shipper signature signed specified statute stipulation sum certain surety transaction transfer unless usually vessel voyage warranty words
Popular passages
Page 526 - 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 554 - 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 509 - 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 521 - The indorsement must be an indorsement of the entire instrument. An indorsement, which purports to transfer to the indorsee a part only of the amount payable, or which purports to transfer the instrument to two or more indorsees severally, does not operate as a negotiation of the instrument. But where the instrument has been paid in part, it may be indorsed as to the residue.
Page 536 - Delay in Giving Notice — How Excused Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
Page 546 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor, or indorser without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 561 - Notice of dishonor is not required to be given to the drawer in either of the following cases : 1. Where the drawer and drawee are the same person ; 2. Where the drawee is a fictitious person or a person not having capacity to contract ; 3. Where the drawer is the person to whom the instrument is presented for payment ; 4. Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument ; 5.
Page 555 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 534 - 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 515 - Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima Jade authority to fill it up as such for any amount.