A Treatise on the Law of Commercial Paper: Containing a Full Statement of Existing American and Foreign Statutes, Together with the Text of the Commercial Codes of Great Britain, France, Germany and Spain, Volume 3

Joseph Fitz Randolph

West Publishing Company, 1899 - Commercial law - 3048 pages

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Selected pages

Title Page

Table of Contents

Index

1864	2030

Virginia Coupons	2038

Part Payment	2045

Lost Instruments	2051

PAYMENT_By Whom MADE 1420 Payment by Acceptor	2056

By Accommodation Acceptor	2057

Reissue by Acceptor	2058

Payment or PurchaseQuestion of Intention	2059

Action of 1678 Diligence	2386

TroverParties to 1680 Against AgentWrongful Taker	2389

Against Indorsee	2390

For Lost Bills	2391

Against Bona Fide Holder 1684 Damages	2393

EquityGeneral Principles 1686 Reform and Cancellation of Bills	2397

Injunction against Issue or Transfer	2399

Injunction against Suit	2400

Discount by Drawee	2060

Payment by Jaker	2061

By Joint Maker	2063

By Drawer	2064

By Indorser	2067

Action by Indorser	2069

Payment by Indorser after Judgment	2070

Acceptor Liable to Indorser 1434 Reissue by Indorser	2073

Payment by PrincipalSurety	2074

Supra Protest	2077

By Stranger	2079

Place of PaymentAs Agent	2084

Funds Provided and Lost	2085

CHAPTER XL	2088

To Designated Payee	2091

To Joint Payees	2092

To Persons under Disability	2093

To Executor	2094

To Trustee	2095

To Agent	2097

Implied Agency	2099

Ratification and Revocation of Agency	2100

Payment to Agent in Notes	2102

In Bank Notes	2104

By Check	2105

Default of Subagents	2106

Duty of Collecting Agent	2109

Presentment and Notice by Agent	2110

Notice by AgentDamages	2112

Payment to Payee after Indorsement 1465 To PledgorPledgee	2117

To Attaching Creditor	2119

1467	2120

To Indorsee 1468 Under Forged Indorsement	2121

PaymentWHEN MADE AND How PROVED 1470 Payment before Maturity	2125

Business Hours 1472 After Maturity	2127

Burden of Proof 1474 Presumption of Payment	2129

From Possession by Payee	2130

From Possession by AcceptorIndorser	2131

From Receipt	2132

Indorsed by Mistake	2134

From Lapse of Time	2135

Circumstantial Evidence	2136

RECOVERY OF PAYMENT 1485 1486 1483 Recovery for Mistake For FraudIllegality For Forgery	2139

APPROPRIATION OF PAYMENT 1490 1494 1495 1496 1497 1498 1499 1489 Appropriation by Debtor	2149

CHAPTER XLI	2172

Renewal	2176

Agreement for Absolute Payment 1515 Payment by BillHow Pleaded 1516 SatisfactionA Question of Intention	2181

Presumption of PaymentMassachusetts Rule	2182

Rebutted	2184

Effect of Receipt	2186

Of Additional Security 1523 Of Transfer	2190

Of Loss	2192

Invalid Bills	2193

Unstamped Bill	2194

Usurious Bill 1529 Altered Bill	2196

Forged Bill	2197

Effect of Fraud 1532 Valueless Bill 1533 Note to Third Party	2198

PAYMENT BY NOTE OF OTHER PERSON	2202

Presumption against Payment	2203

Payment by Note of Partner	2205

Partnership Renewals	2207

Dormant and New Partners	2209

Partnership Notes after Dissolution	2210

Burden of Proof	2213

Contemporaneous Debt 1545 Previous DebtIndorsed Notes 1546 Unindorsed Notes III PAYMENT BY BILL CHECK OR ACCEPTANCE 1548 Pay...	2220

Presumption as to PaymentIntention	2222

Payment by Acceptance of Debtor	2224

By Acceptance of Other Party	2225

1554	2226

By Check 1555 A Question of Intention	2228

Checks as Absolute Payment	2229

Payment by Check of Other Party 1558 By Check LostCertified	2230

Check Taken as CashPaid to Holder	2231

EFFECT UPON PRIOR DEBT OR SECURITY 1560 Diligence Necessary against Drawer 1562 As to Checks 1563 Against Indorsers 1564 After Loss...	2233

Extension by Bill or Note	2240

Parties Discharged	2241

Action Suspended	2242

Other Rights Suspended	2243

Collateral SecurityEffect of Renewal	2244

Vendors Lien on GoodsStoppage in Transitu 1573 On Land	2247

Note by or to Third Person	2248

1575	2249

Maritime Liens	2253

Action for Original Debt 1582 Production and Surrender of Note	2256

Original Defenses	2257

Original ConsiderationIllegality	2258

Usury in Original Bill	2260

CHAPTER XLII	2262

Before MaturityOn Day of Maturity	2263

Against Indorser	2265

On Nonacceptance	2266

On Maturity of InstallmentsInterest 1590 Against Principal Debtor	2268

Statute of LimitationsFraud	2269

Bars SetOff	2270

Proof by Barred NotePleading	2271

What Law Governs	2272

American and Foreign Statutes	2274

Exceptions for Nonsuit	2277

Duebills and CertificatesBank NotesCoupons	2278

ChecksSealed Notes 1599 Attested Notes	2281

Collateral Securities 1601 Against StateDecedents Estates 1602 Disabilities Excepted	2286

Joint ObligationsPrincipal and Surety	2287

Time Reckoned from Maturity 1606 Time ReckonedIn What Manner 1607 Time ReckonedDemand Notes 1608 Time Reckoned from Demand 1009...	2296

Nonresidence 1613 AcknowledgmentNew Promise	2297

1630	2324

1635	2332

Implied	2340

Effect	2348

1661	2364

Against Drawer	2366

Against AcceptorDrawee	2367

Against Joint Debtors 1667 Against Joint and Several Debtors 1668 Against Joint Debtor Surviving 1669 Against Several DebtorsJointly 1671 Plainti...	2375

Action against Stranger	2377

CHAPTER XLIII	2379

Action of Debt	2380

Other Security	2382

Sale	2384

Bill for Discovery	2403

ACTION ON LOST BILLS 1691 Notice of Loss 1692 Action on Lost BillNew Promise	2404

Indemnity Required	2406

Tender	2408

Action in Equity	2409

At	2412

StatutesLaw and Equity Blended	2413

LossHow Pleaded	2414

Evidence Affidavits 1703 Evidence of Contents	2418

INTEREST EXCHANGE AND DAMAGES 1704 InterestGeneral Principles	2420

Action	2422

Compound	2423

What Law Governs	2425

Reckoned from Date	2427

Reckoned from Maturity	2428

On Demand Notes	2429

Until TenderBankruptcy	2430

After Maturity	2433

After MaturityExpressed	2434

Exchange and Reexchange	2435

Notarial Fees	2438

CommissionsAttorneys Fees	2439

Costs of Other Suit	2440

Damages on Protest What Law Governs 1720 Statutory	2441

Recovery by Whom	2444

Recovery against Whom	2445

When Recoverable	2446

1724 On Protest	2447

Waiver	2448

Measure	2449

Costs Recoverable 1728 Against SuretyGuarantor	2451

Recovery by Indorser	2452

Partial Dividends	2453

Recovery by Pledgee	2454

In TroverFor Negligence	2455

In What Currency	2457

Notes Payable in Property 1735 Confederate Scaling Acts	2458

CHAPTER XLIV	2465

Immaterial	2470

Change of PartyAddition of Maker 1745 Addition of Surety	2473

Addition of Other Signature 1747 Qualification of Signature	2474

Erasure of Maker	2475

Payees Name	2476

Negotiable Words	2477

Change of ContractPromise 1752 ConditionConsideration	2479

Indorsement	2480

Amount	2481

Medium of Payment	2482

Interest Clause	2483

Date	2484

Time of Payment	2485

Place of Payment	2486

Memoranda 1761 SealAttestation	2489

NumberStamp	2490

Discharge of Original Debt 1764 SpoliationBy Stranger 1765 Alteration by MistakeCorrection	2493

Consent	2496

How Proved	2497

Implied from Blanks 1770 Implied from BlanksNegligence 1771 By Other Party 1773 Stamp	2504

Ratification and Waiver	2505

By AcknowledgmentPromise	2506

What is	2507

Defense against Bona Fide Holder 1779 Estoppel by Indorsement	2510

By Acceptance	2511

By ConductAdmissions	2512

By Laches	2513

CHAPTER XLV	2520

When Admissible	2526

FraudFalse Representation	2532

1805	2538

1810	2544

SatisfactionWhat	2558

Satisfaction by Payment	2559

By Bill or Note	2561

By Other Security	2563

By ServicesMerchandise 1828 Merger in Judgment	2565

Against Prior Parties	2567

Against Joint Debtors	2568

Discharge by Execution	2569

Extinguishment by MarriageDeath	2570

BankruptcyDischarge 1834 Composition II RELEASE AND SETOFF	2574

ReleaseConsiderationCondition 1836 Form 1837 By Implication 1838 CollateralTaken or Surrendered 1839 Agreement not to	2575

Novation	2580

Surrender	2581

Of Execution	2582

How Extensive 1844 By Whom	2584

To Prior Party	2586

To Joint Debtor	2587

SetOffUnliquidated Damages	2589

Breach of WarrantyFraud	2591

Bill or Note	2592

Liability as SuretyIndorser	2593

Bank Notes	2594

Bank Deposits	2595

Transfer of Note	2596

Against Insolvent 1857 Not Due 1838 Against Other Party	2598

Against Agent	2599

Against Trustee	2600

1861 Against Administrator 1862 Against Joint Debtor 1863 Against Joint Creditor	2601

CHAPTER XLVII	2606

1870	2613

DEFENSE AGAINST Bona Fide HOLDER	2620

1882	2628

AqmissibilityGeneral Principles	2648

Appropriation by Creditor By	2650

APPENDIX I	2663

California Codes Page 2713	5

APPENDIX II	5

German Exchange Law Page 2787

iii	8

1408

GENERAL INDEX	1

1886

1887	5

1888	6

1833

Mechanics Liens 1576	1

To Oldest Items To Debts not Due To InterestNot Principal To Debts Barred by Limitation To Lawful Debts	10

Other editions - View all

A Treatise on the Law of Commercial Paper: Containing a Full Statement of ...
Spain,Germany
No preview available - 2018

A Treatise on the Law of Commercial Paper: Containing a Full Statement of ...
Spain,Germany
No preview available - 2015

Common terms and phrases

acceptance acceptor accommodation action afterwards agent agreement alteration amount applied assignment authority Bank Barn barred bill bill of exchange bill or note bona fide bond bring brought Byles Chit Code collateral collection consideration contract creditor damages Daniel debt debtor defense demand deposit discharge dishonor draft drawer drawn effect entitled evidence express firm fraud given gives hand held hold holder honor indorser Inst interest Iowa joint judgment liable maker manner Mass maturity ment Miss mortgage negotiable notice Ohio original owner paid Pars party payable payee payment person presented principal prior promise protest prove purchaser received recover release rendered renewal secured signed Smith statute subsequent sufficient suit supra surety surrender taken Tenn third transfer trust unless usury

Popular passages

Page 10 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or un.der such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.

Appears in 339 books from 1867-2005

Page 8 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.

Appears in 427 books from 1835-2005

Page 2680 - 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.

Appears in 513 books from 1803-2000

Page 2672 - Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima Jade authority to fill it up as such for any amount.

Appears in 163 books from 1816-1999

Bibliographic information

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Title	A Treatise on the Law of Commercial Paper: Containing a Full Statement of Existing American and Foreign Statutes, Together with the Text of the Commercial Codes of Great Britain, France, Germany and Spain, Volume 3 A Treatise on the Law of Commercial Paper: Containing a Full Statement of Existing American and Foreign Statutes, Together with the Text of the Commercial Codes of Great Britain, France, Germany and Spain, Joseph Fitz Randolph
Author	Joseph Fitz Randolph
Contributors	New York (State)., California, Great Britain, France, Germany, Spain
Edition	2
Publisher	West Publishing Company, 1899
Length	3048 pages

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