The Law of Bills, Notes, and Cheques |
From inside the book
Page 290
... and in such case the delivery may be shown to have been conditional , or for a special purpose only , and not for the purpose of transferring the property in the instrument . But where the instrument is in the hands of a holder in ...
... and in such case the delivery may be shown to have been conditional , or for a special purpose only , and not for the purpose of transferring the property in the instrument . But where the instrument is in the hands of a holder in ...
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Common terms and phrases
acceptance acceptor accommodation according action agent alteration amount appears authority bill of exchange bona fide holder called cheque common law condition consideration contract courts custom debt deemed defendant delivery demand discharged doctrine drawer drawing drawn due course effect entitled equities evidence example excuse existence fact favor fixed fraud further give given guaranty hands held hence holder for value holder in due honor indorser instrument intention knowledge law merchant liability Maine maker Mass matter maturity meaning ment National Bank nature necessary negotiable notice of dishonor paid paper party pass payable payee payment Penn person plaintiff presentment presumptively principal promise promissory note protest question reasonable received recover regard residence rule seems sense sent signature signed Smith Statute steps supra taken taking tion transfer treated true unless writing written
Popular passages
Page 293 - 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 287 - 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 313 - 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 296 - 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. 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.
Page 297 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 298 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 286 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3.
Page 288 - Does not specify the place where it is drawn or the place where it is payable; or 5.
Page 318 - A (negotiable) promissory note is 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 order or to bearer.
Page 298 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance ; and admits — 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.
Bibliographic information
| Title | The Law of Bills, Notes, and Cheques History of bankruptcy Legal classics library Making of the Modern Law |
| Author | Melville Madison Bigelow |
| Edition | 2 |
| Publisher | Little, Brown,, 1900 |
| Original from | the University of Michigan |
| Digitized | 23 Oct 2007 |
| Length | 349 pages |
| Export Citation | BiBTeX EndNote RefMan |