Cyclopedia of Law ...American Correspondence School of Law, 1912 - Law |
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Results 1-5 of 100
Page 93
... defendant since its loss ; or that the defendant is protected from future liability by the statute of limitations . This action upon lost instruments is now regulated in England and some of the States by statute . The holder has also a ...
... defendant since its loss ; or that the defendant is protected from future liability by the statute of limitations . This action upon lost instruments is now regulated in England and some of the States by statute . The holder has also a ...
Page 181
... defendant's promise , if that advantage has not directly inured to the benefit of the defendant , so · · * Swan's Treatise , p . 570 : “ A promise , however , to indemnify A for assuming the debt of B , or a promise by A to B to indem ...
... defendant's promise , if that advantage has not directly inured to the benefit of the defendant , so · · * Swan's Treatise , p . 570 : “ A promise , however , to indemnify A for assuming the debt of B , or a promise by A to B to indem ...
Page 9
... defendant , the words " Accepted , William Taylor . " There was also a count for goods sold and delivered , and the ordinary pleas . The cause was tried before Byles , J. , at the sittings at Guild- hall after the last Hilary Term . The ...
... defendant , the words " Accepted , William Taylor . " There was also a count for goods sold and delivered , and the ordinary pleas . The cause was tried before Byles , J. , at the sittings at Guild- hall after the last Hilary Term . The ...
Page 15
... defendant , to Hezekiah Rhodes or bearer , promising to pay fifty dollars , at a day subsequent , " in good merchantable whisky , at trade price . " The declaration set forth in terms , an assignment and delivery of the note to the ...
... defendant , to Hezekiah Rhodes or bearer , promising to pay fifty dollars , at a day subsequent , " in good merchantable whisky , at trade price . " The declaration set forth in terms , an assignment and delivery of the note to the ...
Page 16
... defendant obtained this writ of error , which was adjourned here for final decision . At the common law , this paper was not assignable ; neither is it assignable under our statute . The plaintiff admits this ; but claims to recover ...
... defendant obtained this writ of error , which was adjourned here for final decision . At the common law , this paper was not assignable ; neither is it assignable under our statute . The plaintiff admits this ; but claims to recover ...
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Common terms and phrases
acceptance acceptor action agent amount assignment assumpsit authority Bank Benj.'s Chalmers bill of exchange bill or note bind bona fide holder bond bound charge co-sureties commercial paper common law consideration contract corporation coupon bonds court creditor Cyclopedia of Law default defendant delivery demand discharge the surety drawer drawn equity evidence executed fact Fargo & Co fraud funds give notice given Guar guaranty held holder for value honor indorser interest judgment jury law merchant letter of credit liability maker maturity ment merchant mortgage negotiable instrument non-payment notary notice of dishonor obligation paid party payable to bearer payee person plaintiff plaintiff in error presentment for payment principal debtor promise to pay promissory note protest question reasonable recover rule signature statute statute of frauds subrogation surety or guarantor suretyship thereof Tiedeman tion transfer valid value received void words
Popular passages
Page 177 - Car. 2. c. 3. § 4., enacts, that " no action shall be brought whereby to charge any executor or administrator, upon any special promise, to answer damages out of his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default, or miscarriage of another person...
Page 243 - 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 238 - ... 1. At a fixed period after date or sight ; or 2. On or before a fixed or determinable future time specified therein; or 3. On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Page 239 - Does not specify the place where it is drawn or the place where it is payable; or 4.
Page 251 - 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. But for the purpose of determining whether the transferee is a holder in due course, the negotiation takes effect as of the time when the indorsement is actually made.
Page 178 - ... instruct them, if they render a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the clerk and entered upon the minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the court must give judgment accordingly.— 1909-193.
Page 273 - The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer.
Page 255 - When a person not otherwise a party to an instrument places thereon his signature in blank before delivery, he is liable as indorser in accordance with the following rules: 1. If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties.
Page 11 - HOLMES delivered the opinion of the court. The question in this case is whether the following instrument is entitled to probate: "Washington, DC Aug. 31
Page 248 - A special indorsement specifies the person to whom, or to whose order, the instrument is to be payable ; and the indorsement of such indorsee is necessary to the further negotiation of the instrument.