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The Canadian Law of Banks and Banking: The Clearing House, Currency and ...
John Delatre Falconbridge
No preview available - 2018
acceptance acceptor according action agent alteration amount apply Association authority bank Bank Act banker bill Bills of Exchange Board by-law called Canada Canadian capital Chapter charge cheque circulation clause clearing contained contract court crossed debt delivery demand deposit directors discharged dishonour Dominion drawer drawn due course effect endorser England English entitled express fact fund give given held holder honour intended interest issue liable means meeting ment mentioned necessary negotiable notes to sec notice notice of dishonour otherwise owner paid particular party passed payable payee payment person presentment prior protest province provisions Quebec reasonable receipt received regard respect rule shareholders shares signature signed statute sub-sec subsequent sufficient supra taken thereof tion transfer unless valid
Page 452 - 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 630 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Page 448 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 628 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed 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 442 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.
Page 486 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
Page 445 - A valuable consideration, in the sense of the law, may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss or responsibility given, suffered, or undertaken by the other.
Page 456 - Every holder of a bill Is prima facie deemed to be a holder in due course; but if in an action on a bill it is admitted or proved that the acceptance, issue, or subsequent negotiation of the bill, is affected with fraud, duress, or force and fear, or illegality, the burden of proof is shifted, unless and until the holder proves that, subsequent to the alleged fraud or illegality, value has in good faith been given for the bill.
Page 500 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence.