Cyclopedia of Law ...American Correspondence School of Law, 1912 - Law |
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Page iii
... rules and cases . It is needless to point out the prime importance of an accurate knowledge of the law of Negotiable Instru- ments and Suretyship to the business man of today , and yet how many are utterly ignorant of the important and ...
... rules and cases . It is needless to point out the prime importance of an accurate knowledge of the law of Negotiable Instru- ments and Suretyship to the business man of today , and yet how many are utterly ignorant of the important and ...
Page 2
... rule , however , was not founded in reason , and has been outgrown . The equity courts , at an early date refused to ... rule of the common law regarding assignments of contracts is prac- tically nullified . But from the earliest times ...
... rule , however , was not founded in reason , and has been outgrown . The equity courts , at an early date refused to ... rule of the common law regarding assignments of contracts is prac- tically nullified . But from the earliest times ...
Page 16
... rule , but in case the note or bill would be void if it had been executed on that day , either be- cause the maker ... rules of law invalidating paper made on the day the paper is executed and delivered , will be date , should be dated ...
... rule , but in case the note or bill would be void if it had been executed on that day , either be- cause the maker ... rules of law invalidating paper made on the day the paper is executed and delivered , will be date , should be dated ...
Page 27
... rule con- clusive against showing that some other denomination was intended . ( Cook v . Lillo , 108 U. S. 793. ) A noted exception however to this rule was made by the courts in the cases of instruments calling for the payment of a ...
... rule con- clusive against showing that some other denomination was intended . ( Cook v . Lillo , 108 U. S. 793. ) A noted exception however to this rule was made by the courts in the cases of instruments calling for the payment of a ...
Page 28
... rule the denomination of the money called for in the paper must be stated in the body of the note or bill , and not merely in the margin . Though where the denomination is not given in the body of the instrument , and is given by mark ...
... rule the denomination of the money called for in the paper must be stated in the body of the note or bill , and not merely in the margin . Though where the denomination is not given in the body of the instrument , and is given by mark ...
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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.