 Every person negotiating an instrument by delivery or by a qualified indorsement, warrants : 1. That the instrument is genuine and in all respects what it purports to be; 2.  The Pacific Reporter - Page 711925Full view - About this book
 | New York (State). Commissioners of the Code - Civil law - 1862 - 550 pages
...warrants to every subsequent ° holder of the instrument, who is not liable thereon to him : 1. That it is in all respects what it purports to be ;' 2. That he has a good title to it ;* 3. That his indorsement is binding upon him ;' 4. That the signatures of all prior parties are binding upon... | |
 | Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - Law reports, digests, etc - 1894 - 588 pages
...qualified, warrants to every subsequent holder thereof, who is not liable thereon to him: 1, that it is in all respects what it purports to be; 2, that he has a good title to it; 3, that the signatures of all prior parties are binding upon them; 4. that if the instrument is dishonored,... | |
 | Law - 1881 - 1116 pages
...warrants to every subsequent holder, who is not liable, thereon to him: 1. That the instrument is, in all respects, what it purports to be. 2. That he has a good title to it. 3. That the signatures of all prior parties are binding upon them ; and 4. That if the instrument is dishonored,... | |
 | New York (State). - Civil law - 1885 - 422 pages
...qualified, warrants to every subsequent holder thereof, who is not liable thereon to him : 1. That it is in all respects what it purports to be ; 2. That he has a good title to it ; 3. That the signatures of all prior parties are binding upon them ; 4. That if the instrument is dishonored,... | |
 | Law reports, digests, etc - 1912 - 1148 pages
...Its origin back in October, 1903, when the East End Savings & Trust Company, appellee, disinstrument Is genuine and in all respects what it purports to be; (2) that the indorser has a good title to it; and (3) that all prior parties had capacity to contract. The effect... | |
 | Law reports, digests, etc - 1908 - 1134 pages
...order or to bearer. In the third place, the sixty-fifth section of our act, after prescribing that every person negotiating an instrument by delivery or by a qualified indorsement shall be held to have warranted, among other things, "that all prior parties had capacity to contract,"... | |
 | Law reports, digests, etc - 1913 - 1288 pages
...will not be liable for payment in case of dishonor; he being still liable only on an implied warranty that the instrument is genuine, and in all respects what it purports to be, that he had good title, that all prior parties had capacity to contract, and that he had no knowledge... | |
 | Law reports, digests, etc - 1921 - 1162 pages
...some person under whom he claims acquired the title as a holder in due course." Section 115 provides: "Every person negotiating an instrument by delivery or by a qualified indorsement warrants : * * * 2. That he has a good title to It. * • • 4. That he has no knowledge of any fact which... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1918 - 832 pages
...by subquent indorsers to their indorsee. Section 115 of the Negotiable Instruments Law provides: " Every person negotiating an instrument by delivery...That all prior parties had capacity to contract." Section 116 of the act provides that every indorser who indorses without qualification warrants to... | |
 | South Dakota. Supreme Court - Court rules - 1917 - 794 pages
...providing that every person negotiating an instrument by delivery or by qualified endorsement warrants that instrument is genuine and in all respects what it purports to be, held, that the original payee, who endorses the instrument, impliedly warrants to the drawee bank that... | |
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