The Canadian Law of Banks and Banking: The Clearing House, Currency and Dominion Notes, Bills, Notes, Cheques and Other Negotiable Instruments |
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Page 49
... action against the company for damages for refus- ing to register the appellants as owners of the shares , it was held that , in the absence of any evidence that the company ever held out the secretary as having authority in this behalf ...
... action against the company for damages for refus- ing to register the appellants as owners of the shares , it was held that , in the absence of any evidence that the company ever held out the secretary as having authority in this behalf ...
Page 50
... action are , therefore , confined to those in which the acts complained of are of a fraudulent character or beyond the powers of the company . A familiar example is the attempt of a majority directly or indirectly to appropriate to ...
... action are , therefore , confined to those in which the acts complained of are of a fraudulent character or beyond the powers of the company . A familiar example is the attempt of a majority directly or indirectly to appropriate to ...
Page 84
... action for calls shall contain . See sec . 128 as to forfeiture resulting from non - payment of a call when the bank is insolvent . There must be properly appointed directors to declare a for- feiture . ( Garden , Gully , etc. v ...
... action for calls shall contain . See sec . 128 as to forfeiture resulting from non - payment of a call when the bank is insolvent . There must be properly appointed directors to declare a for- feiture . ( Garden , Gully , etc. v ...
Page 85
... must within six months sell them , or a sufficient part thereof to pay the amount of penalties incurred for non - payment of the whole and the Sec . 41 . Recovery by action . unpaid instalments 8. SHARES AND CALLS . 85.
... must within six months sell them , or a sufficient part thereof to pay the amount of penalties incurred for non - payment of the whole and the Sec . 41 . Recovery by action . unpaid instalments 8. SHARES AND CALLS . 85.
Page 86
... action . unpaid instalments due on the part not sold . This is in accord- ance with the policy of sec . 76 of the Act , which forbids a bank to deal in shares of its own capital stock . 42. In any action brought to recover any money due ...
... action . unpaid instalments due on the part not sold . This is in accord- ance with the policy of sec . 76 of the Act , which forbids a bank to deal in shares of its own capital stock . 42. In any action brought to recover any money due ...
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The Canadian Law of Banks and Banking: The Clearing House, Currency and ... John Delatre Falconbridge No preview available - 2018 |
Common terms and phrases
acceptance acceptor agent amount apply authority Bank Act Bank of England Bank of Hamilton Bank of Montreal Bank of Toronto banker Banque bill drawn bill of lading bill or note bill payable Bills of Exchange by-law Canada Canadian Bank Chalmers Chapter cheque circulation clause clearing house contract court creditor debt delivery deposit directors discharged Dominion notes due course English Act entitled fund given giving notice held holder in due honour insolvent instrument issue law merchant liable ment Molsons Bank mortgage negotiable non-acceptance notes to sec notice of dishonour paid party payable on demand payee penalty person presentment for payment primâ facie promissory note protest province provisions Quebec restrictive endorsement Royal Canadian Bank rule shareholders shares signature signed statute sub-sec supra thereof tion transfer Treasury Board Upper Canada warehouse receipt words
Popular passages
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.
Page 416 - ... the delivery may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.