A Treatise on the Law of Negotiable Instruments, Volume 2Baker, Voorhis, 1903 - Negotiable instruments |
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Page iv
... demand , protest , and notice must be made , CHAPTER XXXIII . SPECIAL CIRCUMSTANCES OF EXCUSE WHICH SHOW AN INABILITY ON THE PART OF THE HOLDER TO MAKE DUE DEMAND , PRESENTMENT , OR PROTEST , OR GIVE DUE NOTICE , SECTION I. When there ...
... demand , protest , and notice must be made , CHAPTER XXXIII . SPECIAL CIRCUMSTANCES OF EXCUSE WHICH SHOW AN INABILITY ON THE PART OF THE HOLDER TO MAKE DUE DEMAND , PRESENTMENT , OR PROTEST , OR GIVE DUE NOTICE , SECTION I. When there ...
Page 10
... demand of payment . By the law merchant , it is absolutely necessary that the notary himself should make this formal presentment and demand . And , although the holder may have already presented the bill and de- manded acceptance or ...
... demand of payment . By the law merchant , it is absolutely necessary that the notary himself should make this formal presentment and demand . And , although the holder may have already presented the bill and de- manded acceptance or ...
Page 15
... demand of payment ; ( 5 ) the fact of dishonor ; ( 6 ) the name of the party by whom presentment was made ; and ( 7 ) the name of the person to whom presentment was made . And in respect to notice , it should state : ( 1 ) The person ...
... demand of payment ; ( 5 ) the fact of dishonor ; ( 6 ) the name of the party by whom presentment was made ; and ( 7 ) the name of the person to whom presentment was made . And in respect to notice , it should state : ( 1 ) The person ...
Page 16
... demand were made ; but if it were payable at a bank , or other specified place , the certificate is insufficient unless it state presentment and demand at such place.79 66 § 953. As to the manner and fact of presentment and demand.— The ...
... demand were made ; but if it were payable at a bank , or other specified place , the certificate is insufficient unless it state presentment and demand at such place.79 66 § 953. As to the manner and fact of presentment and demand.— The ...
Page 24
... demand was made of the clerk of the drawee , found at his office or place of business , the drawee himself being absent , it is evidence not only of the fact of demand , but also that the person named was the drawee's clerk , duly ...
... demand was made of the clerk of the drawee , found at his office or place of business , the drawee himself being absent , it is evidence not only of the fact of demand , but also that the person named was the drawee's clerk , duly ...
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Common terms and phrases
acceptance acceptor action alteration amount authority Bank Bank of United bill of exchange bill or note Bills 13th Bills Sharswood's bona fide holder bonds Byles on Bills Campb Chitty on Bills citing text citing the text City comaker contract County coupon bonds coupons creditor debt debtor defendant demand and notice discharge dishonor doctrine drawer or indorser Edwards on Bills entitled evidence Gratt held Iowa issued laches law merchant liability maker Mass maturity ment Metc municipal corporation N. Y. Supp Nebr negotiable instrument nonpayment notary Notes and Bills Ohio St Otto paid Parsons on Notes party payee payment person plaintiff presentment principal promise to pay promissory note protest re-exchange recover set-off signature Smedes Smith statute Story on Bills Story on Notes Supreme Court surety Thompson on Bills waiver Wall Wend
Popular passages
Page 836 - 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 830 - ... 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 830 - 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 838 - That he has no knowledge of any fact which would impair the validity of the certificate. In the case of an assignment of a claim secured by a certificate, the liability of the assignor upon such warranty shall not exceed the amount of the claim.
Page 845 - Notice of dishonor may be waived, either before the time of giving notice has arrived or after the omission to give due notice, and the waiver may be express or implied.
Page 830 - The instrument is not invalid for the reason only that it is ante-dated or post-dated, provided this is not done for an illegal or fraudulent purpose. The person to whom an instrument so dated is delivered acquires the title thereto as of the date of delivery.
Page 391 - Any alteration which changes : 1. The date ; 2. The sum payable, either for principal or interest; 3. The time or place of payment ; 4. The number or the relations of the parties ; 5. The medium or currency in which payment is to be made ; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
Page 836 - 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 862 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Page 846 - Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument.