A Treatise on the Law of Bills of Exchange, Promissory Notes, Bank-notes and Cheques |
From inside the book
Results 1-5 of 100
Page xxi
... Pleading an Agreement When Stamps were first im- posed on Bills and Notes 117 The present Stamp Act 117 How Instruments are to be Written and Stamped Separate Duties in certain Cases Foreign Currencies Adhesive Stamps Bank Note Bill of ...
... Pleading an Agreement When Stamps were first im- posed on Bills and Notes 117 The present Stamp Act 117 How Instruments are to be Written and Stamped Separate Duties in certain Cases Foreign Currencies Adhesive Stamps Bank Note Bill of ...
Page xxii
... Pleading Holder for Value 141 143 · • with Notice Explicit Notice . valent to Notice Holder in due course . Distinction between Holder without Value and Holder with Notice Burthen of Proof in case of alleged Holder without Value In Case ...
... Pleading Holder for Value 141 143 · • with Notice Explicit Notice . valent to Notice Holder in due course . Distinction between Holder without Value and Holder with Notice Burthen of Proof in case of alleged Holder without Value In Case ...
Page xxiv
... Pleading Equitable Relief on out- standing overdue Bill Cheque on Bearer's Banker 199 After abandonment of Right 200 After Payment By other Parties Re - issue · . 199 Transfer for part of the Sum due For Residue unpaid . After Release ...
... Pleading Equitable Relief on out- standing overdue Bill Cheque on Bearer's Banker 199 After abandonment of Right 200 After Payment By other Parties Re - issue · . 199 Transfer for part of the Sum due For Residue unpaid . After Release ...
Page xxv
... Pleading . . 223 When Protest excused 221 Evidence 223 · Protest of Inland Bills and Notes not necessary 222 Effect of a Promise to pay 223 CHAPTER XV . To an Indorser giving a Bond OF NOTICE OF DISHONOUR . DIVISION OF THE SUBJECT 225 ...
... Pleading . . 223 When Protest excused 221 Evidence 223 · Protest of Inland Bills and Notes not necessary 222 Effect of a Promise to pay 223 CHAPTER XV . To an Indorser giving a Bond OF NOTICE OF DISHONOUR . DIVISION OF THE SUBJECT 225 ...
Page xxix
... Pleading • Burden of Proof FORGERY . Existing Statute · 344 Misapplication of a genuine Signature Misapplication of a Man's own Signature 345 · Bill is good Forgery of Foreign Bills 344 Evidence in Criminal Cases 350 Civil Consequences ...
... Pleading • Burden of Proof FORGERY . Existing Statute · 344 Misapplication of a genuine Signature Misapplication of a Man's own Signature 345 · Bill is good Forgery of Foreign Bills 344 Evidence in Criminal Cases 350 Civil Consequences ...
Contents
liv | |
lx | |
lxii | |
lxvi | |
1 | |
6 | |
9 | |
10 | |
277 | |
280 | |
302 | |
316 | |
318 | |
320 | |
332 | |
336 | |
16 | |
34 | |
37 | |
38 | |
40 | |
57 | |
71 | |
88 | |
101 | |
103 | |
111 | |
117 | |
135 | |
140 | |
172 | |
173 | |
178 | |
184 | |
193 | |
211 | |
217 | |
218 | |
224 | |
228 | |
230 | |
236 | |
244 | |
250 | |
255 | |
263 | |
354 | |
373 | |
380 | |
390 | |
395 | |
397 | |
398 | |
410 | |
411 | |
416 | |
427 | |
438 | |
447 | |
449 | |
450 | |
462 | |
468 | |
473 | |
481 | |
483 | |
494 | |
529 | |
531 | |
535 | |
540 | |
551 | |
556 | |
561 | |
575 | |
Common terms and phrases
acceptance acceptance supra protest accommodation bill action agent agreement amount authority bank notes Bank of England banker bankrupt bankruptcy Bayley bill drawn bill of exchange bill or note bill payable bills and notes Bing Byles on Bills Camp Chan CHAPTER cheque Code common law consideration contract Court creditor debt debtor defendant delivery discharge Dowl due course East entitled evidence Exch executor firm foreign bill fraud given held holder in due honour indorser instrument issue joint Jones liable Lord Ellenborough ment negotiable negotiable instrument note payable notice of dishonour paid partner partnership party payable on demand payable to bearer payee person plaintiff pleading principal promise to pay promissory note received recover repealed Scott sect set-off signature Smith stamp Stamp Act Stark statute Stra supra protest surety Taunt tion transfer unless Vict void
Popular passages
Page 516 - A promissory note is defined as " an unconditional promise in writing, made by one person to another, signed by the maker, engaging 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 404 - The civil practice act also provides under section 209 that all persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Page 503 - Where the instrument is not payable on demand, presentment must be made on the day it falls due. Where it is payable on demand, presentment must be made within a reasonable time after its issue, except that in the case of a bill of exchange, presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof.
Page 498 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 505 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
Page 513 - Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.
Page 493 - A bill may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees. A bill may also be made payable to the holder of an office for the time being. (3). Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer.
Page 498 - ... no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority : Provided that nothing in this section shall affect the ratification of an unauthorized signature not amounting to a forgery.
Page 506 - Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by non-acceptance is dishonored by non-payment, it must be duly protested for non-payment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary.
Page 505 - Where notice is given by or on behalf of the holder, it enures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given.