Paton's Digest: A Digest of Legal Opinions of Thomas B. Paton, General Counsel of the American Bankers Association, with Full Text and All Important Federal and State Statutes and Decisions Affecting the Banking Business; Including Forms, Definitions of Banking and Legal Terms, Table of Cases, Annotations, Maps, Bibliography and a Full Index ... Edited and Compiled by Thomas B. Paton, Jr, Volume 2Thomas Bugard Paton American Bankers Association, 1926 - Banking law |
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Page 1028
... action was dismissed , it being held that an oral promise to pay a check is not binding on the bank where the stat- ute requires acceptance to be in writing . The Court further held that there was no basis for an action of fraud against ...
... action was dismissed , it being held that an oral promise to pay a check is not binding on the bank where the stat- ute requires acceptance to be in writing . The Court further held that there was no basis for an action of fraud against ...
Page 1029
... action against B bank upon the check alone and cannot recover from that bank unless there are special circumstances in the case which would make the bank liable as trustee of a specific deposit or would , irrespective of the check ...
... action against B bank upon the check alone and cannot recover from that bank unless there are special circumstances in the case which would make the bank liable as trustee of a specific deposit or would , irrespective of the check ...
Page 1056
... action of replevin against the holder for possession of the check ( Haas v . Altieri , 2 Misc . 252 , 21 N. Y. Supp . 950 ; Barnett v . Selling , 70 N. Y. 492. And see Nicholas v . Mase , 94 N. Y. 160 ) , and recovering same , can ...
... action of replevin against the holder for possession of the check ( Haas v . Altieri , 2 Misc . 252 , 21 N. Y. Supp . 950 ; Barnett v . Selling , 70 N. Y. 492. And see Nicholas v . Mase , 94 N. Y. 160 ) , and recovering same , can ...
Page 1078
... action shall be brought thereon until within a time therein specified , which is different from the time which the statute fixes for bringing such action , is void as against public policy . But in Dechter v . National Council etc ...
... action shall be brought thereon until within a time therein specified , which is different from the time which the statute fixes for bringing such action , is void as against public policy . But in Dechter v . National Council etc ...
Page 1079
... action happened two months ago and the peculiar part is that the certified check has never been presented for payment . We have refused to reimburse A's account until the check appeared on the scene notwithstanding his claim that it is ...
... action happened two months ago and the peculiar part is that the certified check has never been presented for payment . We have refused to reimburse A's account until the check appeared on the scene notwithstanding his claim that it is ...
Common terms and phrases
acceptor agent alteration amount attached authority bank's banker bill of lading bind bonds branch bank capital carrier cash cashier certificate of deposit certified check claim collateral Comp contract corporation creditor debt debtor decision defendant demand depositor directors discount draft drawer drawn due course fact Federal Reserve Federal Reserve Act Federal Reserve Board funds garnishment held liable hold holder in due indorsement insolvent issued lien loan maker ment mortgage national bank National Bank Act Negotiable Instruments Act notice officer Opinion order bill paid party payable payee payment person plaintiff pledged presented promissory note provides purchaser question real estate received refused rule savings bank shipper signature Stat statute statute of limitations stockholder Supreme Court surety thereof tion trade acceptance transaction transfer trust company ultra vires
Popular passages
Page 1133 - A holder in due course is a holder who has taken the instrument under the following conditions: — 1. 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.
Page 1116 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 1277 - The shareholders of each association formed under the provisions of this act, and of each existing bank or banking association that may accept the provisions of this act, shall be held individually responsible, equally and ratably, and not one for another, for all contracts, debts, and engagements of such association to the extent of the amount of their stock therein at the par value thereof, in addition to the amount invested in such shares...
Page 1134 - Where the sum payable is expressed in words and also in figures and there is a discrepancy between the two, the sum denoted by the words is the sum payable; but if the words are ambiguous or uncertain, reference may be had to the figures to fix the amount; 2.
Page 1135 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 1086 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with: 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. • A statement of the transaction which gives rise to the instrument.
Page 1244 - Carolina of any person or of any company, corporation or firm for money borrowed, including in the liabilities of a company or firm the liabilities of the several members thereof, shall at no time exceed one-tenth part of the amount of the capital stock of such bank or banking association actually paid in.
Page 1319 - A creditor whose debtor is the owner of a negotiable bill shall be entitled to such aid from courts of appropriate jurisdiction by injunction and otherwise in attaching such bill, or in satisfying the claim by means thereof, as is allowed at law or in equity in regard to property which cannot readily be attached or levied upon by ordinary legal process.
Page 1320 - ... defeat the rights of any purchaser for value in good faith to whom such bill has been negotiated, whether such negotiation be prior or subsequent to the notification to the carrier who issued such bill of the seller's claim to a lien or right of stoppage in transitu. Nor shall the carrier be obliged to deliver or justified in delivering the goods to an unpaid seller unless such bill is first surrendered for cancellation.
Page 1355 - 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.