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 1103
... fact he is not notified of A paying the interest and the note still standing ? on Opinion : I do not think B the surety - maker , would be released by the fact that he was not notified that A had paid the interest on the note but had ...
... fact he is not notified of A paying the interest and the note still standing ? on Opinion : I do not think B the surety - maker , would be released by the fact that he was not notified that A had paid the interest on the note but had ...
Page 1111
... fact , made to her , as the cashier states , and she was the intended beneficiary of it , then she would be a princi- pal and can be held liable . According as you determine these issues of fact , you determine the case in favor of the ...
... fact , made to her , as the cashier states , and she was the intended beneficiary of it , then she would be a princi- pal and can be held liable . According as you determine these issues of fact , you determine the case in favor of the ...
Page 1112
... fact that the money was borrowed to pay for services rendered to the wife , nor the fact that she was the maker of the note , will give rise to a presumption which shifts the burden of proof , and requires that the case go to the jury ...
... fact that the money was borrowed to pay for services rendered to the wife , nor the fact that she was the maker of the note , will give rise to a presumption which shifts the burden of proof , and requires that the case go to the jury ...
Page 1120
... fact ( which your letter does not state ) that the drawer left unfilled spaces which permitted of the insertion of an increased amount in words and figures and should such be the fact , the question of the liability would depend upon ...
... fact ( which your letter does not state ) that the drawer left unfilled spaces which permitted of the insertion of an increased amount in words and figures and should such be the fact , the question of the liability would depend upon ...
Page 1123
... fact that the check was signed in blank by him and after being lost or stolen in this condition , was filled out and paid by the bank , the courts have held upon such a state of facts that the bank can charge the payment to its customer ...
... fact that the check was signed in blank by him and after being lost or stolen in this condition , was filled out and paid by the bank , the courts have held upon such a state of facts that the bank can charge the payment to its customer ...
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.