A Treatise on the Law of Bills of Exchange, Promissory Notes, Bank-notes and Cheques |
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Page xxiv
... PROTEST AND NOTING . CHAPTER XV . OF NOTICE OF DISHONOUR . CHAPTER XVI. PAGE • • 194 194 Transfer under peculiar Circumstances Before Bill filled up . After refusal to accept , where the ... Protest 221 • Protest of Lost xxiv CONTENTS .
... PROTEST AND NOTING . CHAPTER XV . OF NOTICE OF DISHONOUR . CHAPTER XVI. PAGE • • 194 194 Transfer under peculiar Circumstances Before Bill filled up . After refusal to accept , where the ... Protest 221 • Protest of Lost xxiv CONTENTS .
Page xxv
... Protest 221 • Protest of Lost Bill . 222 Copy of Protest . 221 Pleading • . 223 When Protest excused 221 Evidence 223 • Protest of Inland Bills and Effect of a Promise to Notes not necessary 222 • pay • 223 • DIVISION OF THE SUBJECT 225 ...
... Protest 221 • Protest of Lost Bill . 222 Copy of Protest . 221 Pleading • . 223 When Protest excused 221 Evidence 223 • Protest of Inland Bills and Effect of a Promise to Notes not necessary 222 • pay • 223 • DIVISION OF THE SUBJECT 225 ...
Page xxvii
... What amounts to Payment 303 PAYMENT SUPRA PROTEST Requisites of Rights of Payer for Honour 309 Consequence of Holder re- fusing . 310 None on Promissory Notes . 310 HOW THE DISCHARGE OF THE SURETY MAY BE PAGE • CONTENTS . xxvii.
... What amounts to Payment 303 PAYMENT SUPRA PROTEST Requisites of Rights of Payer for Honour 309 Consequence of Holder re- fusing . 310 None on Promissory Notes . 310 HOW THE DISCHARGE OF THE SURETY MAY BE PAGE • CONTENTS . xxvii.
Page xxxi
... Protest and Notice of Dis- honour . Set - off Power of Arrest .388 . 388 . 388 385 • 389 • 385 Pleading . 389 · Protest and Notice of Dis- honour . 385 • Burthen of Proof Foreign Currency . 389 389 CHAPTER XXV . OF A LOST BILL OR NOTE ...
... Protest and Notice of Dis- honour . Set - off Power of Arrest .388 . 388 . 388 385 • 389 • 385 Pleading . 389 · Protest and Notice of Dis- honour . 385 • Burthen of Proof Foreign Currency . 389 389 CHAPTER XXV . OF A LOST BILL OR NOTE ...
Page 14
... protest is not re- quired . S. 89 ( 4 ) . ( z ) Code , s . 88. If the note be in the body of it made payable at a particular place , neither maker nor indorser are liable , unless it be presented at that place , but not so if it be ...
... protest is not re- quired . S. 89 ( 4 ) . ( z ) Code , s . 88. If the note be in the body of it made payable at a particular place , neither maker nor indorser are liable , unless it be presented at that place , but not so if it be ...
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Common terms and phrases
6th American edition acceptance acceptance supra protest acceptor accommodation bill action agent agreement amount authority bank notes Bank of England banker Bayley bill drawn bill of exchange bill or note bill payable bills and notes Bing Byles on Bills Camp Chan CHAPTER cheque choses in action Code common law consideration contract Court creditor debt debtor defendant delivery discharged drawer due course duty East evidence Exch executor firm foreign bill fraud given held holder for value holder in due honour illegal indorsement instrument Jones liable London Lord Ellenborough maker ment negotiable negotiable instrument note payable notice of dishonour paid partner partnership party payable on demand payable to bearer payee payment plaintiff presentment principal promise to pay promissory note recover repealed Sect signature Smith Stamp Act Stark statute Stra Taunt tion transfer United Kingdom 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.