California Jurisprudence: A Complete Statement of the Law and Practice of the State of California, Volume 19Bancroft-Whitney, 1925 - Law |
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Page 789
... - negotiable . V. Warranties and Liabilities of Parties . 63. Primary and Secondary Liability . 64. Maker . 65. Drawer . 66. Acceptor . 67. General Indorser . 68. Irregular or Anomalous Indorser . 789 19 Cal . Jur . NEGOTIABLE INSTRUMENTS .
... - negotiable . V. Warranties and Liabilities of Parties . 63. Primary and Secondary Liability . 64. Maker . 65. Drawer . 66. Acceptor . 67. General Indorser . 68. Irregular or Anomalous Indorser . 789 19 Cal . Jur . NEGOTIABLE INSTRUMENTS .
Page 802
... maker at the time of the indorsement . It is true that the old common - law rule with reference to assignability of ... makers . The thief of stolen property , other than money or negotiable securities , can pass no title , and the owner ...
... maker at the time of the indorsement . It is true that the old common - law rule with reference to assignability of ... makers . The thief of stolen property , other than money or negotiable securities , can pass no title , and the owner ...
Page 815
... maker may extend the time of payment does not impair the nego- tiability of a note where such provision does not give the maker the right to extend the time of payment without the consent of the holder , or limit the right of such ...
... maker may extend the time of payment does not impair the nego- tiability of a note where such provision does not give the maker the right to extend the time of payment without the consent of the holder , or limit the right of such ...
Page 819
... maker - the intention of the legislature was to place bonds and notes on the same footing in re- spect to defense . See Civ . Code , § 1629. See SEALS . 8. Graves v . Mono Lake etc. Min . Co. , 81 Cal . 303 , 22 Pac . 665 ( where the ...
... maker - the intention of the legislature was to place bonds and notes on the same footing in re- spect to defense . See Civ . Code , § 1629. See SEALS . 8. Graves v . Mono Lake etc. Min . Co. , 81 Cal . 303 , 22 Pac . 665 ( where the ...
Page 820
... maker did not know it to be so drawn , but believed the payee designated to be an existing person . ' 13 The code formerly provided that " A negotiable instru- ment , made payable to the order of the maker , or of a fictitious person ...
... maker did not know it to be so drawn , but believed the payee designated to be an existing person . ' 13 The code formerly provided that " A negotiable instru- ment , made payable to the order of the maker , or of a fictitious person ...
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Common terms and phrases
9 Cal alleged amended by Stats amount Angeles appeal apply assessment Assn authority automobile Banaz Bank beneficiary benefit bill bonds by-laws California certificate charter Code collision complaint constitution construction contract contractor contributory negligence corporation court damages danger defendant demand doctrine drawer duty Elec evidence fact grade Grand Lodge held holder holding indorser infra Inst instruction jury land last clear chance law merchant liable lien Lumber maker ment municipal negotiable instrument notice Oakland ordinance Pacific Electric party Paving payable payee payment pedestrian person plaintiff pleaded prior proceedings promissory note property owner proximate cause Ramish res ipsa loquitur resolution of intention rule San Francisco Santa sewer sidewalk Southern Pac specifications street improvement street-car subd sufficient superintendent of streets supra thereof tion Unif Union Oil Co United Railroads Unrep valid vehicle violation Vrooman Act XIX Cal
Popular passages
Page 843 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 935 - The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money.
Page 546 - Negligence,' has been defined to be 'the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something, which a prudent and reasonable man would not do.
Page 899 - Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment.
Page 152 - There must be reasonable evidence of negligence. But where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 819 - No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name.
Page 899 - When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before 12 :00 o'clock noon on Saturday when that entire day is not a holiday.
Page 873 - 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.
Page 943 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed 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 907 - Notice of dishonor may be given by an agent either in his own name or in the name of any party entitled to give notice, whether that party be his principal or not.