A Treatise on the Law of Bills of Exchange, Promissory Notes, Bank-notes and Cheques |
From inside the book
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Page 9
... received ( t ) . Where , however , the question arises between the principal debtor and the sureties in an action for indemnity or contribution , such evidence is admissible . CHAPTER II . Where there is principal and surety . between ...
... received ( t ) . Where , however , the question arises between the principal debtor and the sureties in an action for indemnity or contribution , such evidence is admissible . CHAPTER II . Where there is principal and surety . between ...
Page 11
... received would lie for When money country bank notes and cheques which had been treated as money ( h ) , but not otherwise ( i ) ; for it has been held , that an action for money had and received would not lie against the finder of lost ...
... received would lie for When money country bank notes and cheques which had been treated as money ( h ) , but not otherwise ( i ) ; for it has been held , that an action for money had and received would not lie against the finder of lost ...
Page 12
... received , " but at the end were the words , " which I promise never to pay , " Lord Macclesfield rejected the word never ( m ) . For a contract ought to be expounded in that sense in which the party making it apprehended that the other ...
... received , " but at the end were the words , " which I promise never to pay , " Lord Macclesfield rejected the word never ( m ) . For a contract ought to be expounded in that sense in which the party making it apprehended that the other ...
Page 19
... received the money to pay his customer's cheques , and is liable to an action at the suit of the customer if he do not . For there is an implied contract between the banker and the customer , that the banker shall pay the customer's ...
... received the money to pay his customer's cheques , and is liable to an action at the suit of the customer if he do not . For there is an implied contract between the banker and the customer , that the banker shall pay the customer's ...
Page 20
... received such money , would pay his cheques ; and there having been a breach of such contract , the plaintiff is entitled to recover damages . " Although no evidence is given that the plaintiff has sustained any special damage , the ...
... received such money , would pay his cheques ; and there having been a breach of such contract , the plaintiff is entitled to recover damages . " Although no evidence is given that the plaintiff has sustained any special damage , the ...
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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.