Law of Defenses in Actions on Commercial Paper: Including the Defenses at Common Law and Under the Negotiable Instruments Acts, Volume 11907 - 1091 pages |
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Results 1-5 of 100
Page 18
... paid the blank notes are to be returned , but if not paid they are to be filled out for the amount the indorser be- comes liable for and are to be valid obligations for such amount , and the blank notes are filled up and negotiated in ...
... paid the blank notes are to be returned , but if not paid they are to be filled out for the amount the indorser be- comes liable for and are to be valid obligations for such amount , and the blank notes are filled up and negotiated in ...
Page 35
... paid to his daughters , whether sole or covert , for their separate use , and they joined in bonds for money lent to their husbands , the trustee was ordered by the court to pay the rents and profits accordingly.13 And in a case , where ...
... paid to his daughters , whether sole or covert , for their separate use , and they joined in bonds for money lent to their husbands , the trustee was ordered by the court to pay the rents and profits accordingly.13 And in a case , where ...
Page 51
... paid by the latter , the defense of coverture was held a good defense to an action by him , after the death of the husband insolvent , to re- cover as surety the sum so paid.o1 Hanscom , 104 Mich . 67 , 62 N. W. 167 ; Waterbury v ...
... paid by the latter , the defense of coverture was held a good defense to an action by him , after the death of the husband insolvent , to re- cover as surety the sum so paid.o1 Hanscom , 104 Mich . 67 , 62 N. W. 167 ; Waterbury v ...
Page 119
... paid without the least privity or suspicion of the forgery . Here was no fraud , no wrong . It was incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer's hand before he accepted or paid it , but it ...
... paid without the least privity or suspicion of the forgery . Here was no fraud , no wrong . It was incumbent upon the plaintiff to be satisfied that the bill drawn upon him was the drawer's hand before he accepted or paid it , but it ...
Page 120
... paid , the latter having acted in good faith and without notice of the forgery.20 So where an acceptance was forged , and the bankers of the acceptor , where the bill was payable , paid the bill at maturity to a holder for value , and ...
... paid , the latter having acted in good faith and without notice of the forgery.20 So where an acceptance was forged , and the bankers of the acceptor , where the bill was payable , paid the bill at maturity to a holder for value , and ...
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Common terms and phrases
acceptance acceptor accommodation action agent agreement amount assignment Barb bill of exchange bill or note bona fide holder bona fide purchaser collateral security Colo commercial paper Conn contract corporation court coverture creditor debt decided defense discounted dishonor drawee drawer equities estopped Exch executed fact failure of consideration fense fraud held holder for value indorser instrument Iowa law merchant liable maker married woman Mass maturity ment Metc Minn Misc Miss mortgage N. Y. St N. Y. Supp National Bank negotiable instrument negotiable paper note given note was given notice Ohio St party payee payment person plaintiff promissory note protest purchaser recover recovery rule set-off Smith statute surety Tenn thereon tion transfer usury valid void want of consideration Wend
Popular passages
Page 642 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Page 712 - 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 sent by mail, it must be deposited in the post office in time to go by mail the day following the day of dishonor, or if there be no mail at a convenient hour on that day, by the next mail thereafter.
Page 718 - ... 1. Either to the postoffice nearest to his place of residence, or to the postoffice where he is accustomed to receive his letters ; or 2. If he live in one place, and have his place of business in another, notice may be sent to either place ; or 3. If he is sojourning in another place, notice may be sent to the place where he is sojourning.
Page 698 - The notice may be given by or on behalf of the holder, or by or on behalf of any party to the instrument who might be compelled to pay it to the holder, and who upon taking it up would have a right to reimbursement from the party to whom the notice is given.
Page 684 - Delay in Giving Notice — How Excused Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
Page 707 - When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased.
Page 720 - Where the drawer is the ;person to whom the instrument is presented for payment. 4. Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument. 5. Where the drawer has countermanded payment.
Page 711 - If given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following.
Page 115 - ... where the true owner holds out another, or allows him to appear, as the owner of, or as having full power of disposition over the property, and innocent third parties are thus led into dealing with such apparent owner, they will be protected. Their rights in such cases do not depend upon the actual title or authority of the party with whom they deal directly, but are derived from the act of the real owner, which precludes him from disputing, as against them, the existence of the title or power...
Page 660 - Where the instrument is payable at a bank, presentment for payment must be made during banking hours, unless the person to make payment has no funds there to meet it at any time during the day, in which case presentment at any hour before the bank is closed on that day is sufficient.