Bills and notes. Guaranty and suretyship. Insurance. BankruptcyCree Publishing Company, 1908 - Law |
From inside the book
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Page 11
... increased , until to - day the law merchant is mainly 1 Street's Foundations of Legal Liability , Vol . II , p . 328 . remembered and referred to in connection with these branches of 11 - CHAPTER INTRODUCTORY The Law Merchant Bills and ...
... increased , until to - day the law merchant is mainly 1 Street's Foundations of Legal Liability , Vol . II , p . 328 . remembered and referred to in connection with these branches of 11 - CHAPTER INTRODUCTORY The Law Merchant Bills and ...
Page 153
... increased by implication , it follows that where the language used is ambiguous in part , it is the rule that the courts will endeavor to so construe the contract and to give it an inter- pretation as to prevent a forfeiture of the ...
... increased by implication , it follows that where the language used is ambiguous in part , it is the rule that the courts will endeavor to so construe the contract and to give it an inter- pretation as to prevent a forfeiture of the ...
Page 161
... increase of risk on the surety . And it is the rule that where the creditor by his own act or conduct has added new hazards to the surety's obligation , or where a new " Trotter vs. Strong , 63 Ill . , 272 . 18 Bell vs. Manning , 11 ...
... increase of risk on the surety . And it is the rule that where the creditor by his own act or conduct has added new hazards to the surety's obligation , or where a new " Trotter vs. Strong , 63 Ill . , 272 . 18 Bell vs. Manning , 11 ...
Page 162
... increased , or diminished , the surety has a right to claim a discharge for any material alteration of his contract . 19 A violation , by the creditor , of the duties of his relation to the surety , as by the voluntary release of ...
... increased , or diminished , the surety has a right to claim a discharge for any material alteration of his contract . 19 A violation , by the creditor , of the duties of his relation to the surety , as by the voluntary release of ...
Page 163
... increases the respon- sibilities of the principal debtor will discharge the surety on the original contract . An ... increased . " But the law requires the extension agreement to be founded on a proper consideration , in order that it ...
... increases the respon- sibilities of the principal debtor will discharge the surety on the original contract . An ... increased . " But the law requires the extension agreement to be founded on a proper consideration , in order that it ...
Contents
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Common terms and phrases
acceptance supra protest acceptor for honor adjudged agent amount application assignment bank bankrupt bill of exchange bill or note Bills and Notes bona fide holder bond claim co-sureties common law consideration contract of insurance court of bankruptcy creditor debt deemed default defense delivery discharge dishonored by non-acceptance drawer and indorsers due course duties equity filed fraud give notice given guarantor guaranty holder for value holder in due instru instrument is payable insurable interest jurisdiction law merchant lex mercatoria maker maturity ment merchants negotiable instrument non-payment notice of dishonor obligation paid paper payable on demand payee person petition plaintiff presentment for acceptance presentment for payment principal debtor proceedings promissory note reasonable referee rule secondarily liable SECTION signature specified statute subrogated subsequent sum certain surety suretyship thereof tion transfer trustee unless valid void Wend
Popular passages
Page 98 - 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 27 - A promissory note is defined as " an unconditional promise in writing, made by one person to another, signed by the maker, engaging 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 93 - 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 89 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. 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 authoritjgiven and within a reasonable...
Page 283 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Page 107 - When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday.
Page 336 - Deceased, do make or cause to be made a true and perfect Inventory...
Page 294 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication.
Page 88 - Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly.
Page 247 - ... a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known (if unknown that fact to be stated...