The Negotiable Instruments Law with Comments and Criticisms: Reprinted from the Harvard Law Review, the Yale Law Journal and the American Law Register |
From inside the book
Results 1-5 of 46
Page 3
... intended for the advantage or protection of the obligor ; 5 or 4. Gives the holder an election to require something to be done in lieu of payment of money . * But nothing in this section shall validate any provision or stipulation ...
... intended for the advantage or protection of the obligor ; 5 or 4. Gives the holder an election to require something to be done in lieu of payment of money . * But nothing in this section shall validate any provision or stipulation ...
Page 7
... intended to sign , he is to be deemed an indorser ; 3 7. Where an instrument containing the words , " I promise to pay , " is signed by two or more persons , they are deemed to be jointly and severally liable thereon.1 Sec . 18. No ...
... intended to sign , he is to be deemed an indorser ; 3 7. Where an instrument containing the words , " I promise to pay , " is signed by two or more persons , they are deemed to be jointly and severally liable thereon.1 Sec . 18. No ...
Page 27
... intended to be exclusive of all other alterations . 8 The English Act reads " to or to the order of a specified person , or to bearer . " B. E. A. s . 3 ( 1 ) . Section 8 ( 4 ) also provides that " A bill is payable to order which is ...
... intended to be exclusive of all other alterations . 8 The English Act reads " to or to the order of a specified person , or to bearer . " B. E. A. s . 3 ( 1 ) . Section 8 ( 4 ) also provides that " A bill is payable to order which is ...
Page 46
... intended to have any interest in the instrument , and if such bill or note be indorsed by the drawer or maker in the name of the nominal payee , the instru- ment will have the same effect as a bill or note payable to the order of , and ...
... intended to have any interest in the instrument , and if such bill or note be indorsed by the drawer or maker in the name of the nominal payee , the instru- ment will have the same effect as a bill or note payable to the order of , and ...
Page 48
... intended to reproduce the effect of the English act on this point , it is unfor- tunate that the unambiguous language of that act was not re- tained . If , on the other hand , it was intended to make the infant's transfer of negotiable ...
... intended to reproduce the effect of the English act on this point , it is unfor- tunate that the unambiguous language of that act was not re- tained . If , on the other hand , it was intended to make the infant's transfer of negotiable ...
Common terms and phrases
acceptor accommodation indorser accommodation party agent alteration authority Bank of England banker bill payable Bills and Notes Bills of Exchange certificates of deposit Chalmers cheque contract court criticism Dean defendant demand note discharged drawer due course English Act Exchange Act fact German-American Bank given Harvard Law Review Held holder in due honor indorsed in blank indorsed specially indorser without recourse infra instru instrument is payable JAMES BARR AMES Judge Brewster law merchant maker Mass maturity ment Misc Negotiable Instruments Law non-payment note payable notice of dishonor payable to bearer payable to order payee plaintiff presentment for payment prior party Professor Ames promissory note protest provisions reason recover rule S. C. sec says Section 40 Section 9 semble signature special indorsement statute strument subsection subsequent holders supra thereof tion transfer transferor Trust warranty words Yale Law Journal
Popular passages
Page 14 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 16 - 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 13 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 2 - 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 37 - A negotiable promissory note within the meaning of this, act 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 determined future time, a sum certain- in money to order, or to bearer.
Page 108 - The instrument is payable to bearer — 1. When it is expressed to be so payable; or 2. When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or 4.
Page 129 - When a signature is forged or made without the authority of the person whose signature it purports to be it is wholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce payment thereof against any party thereto, can be acquired through or under such signature...
Page 86 - A special indorsement specifies the person to whom, or to whose order, the instrument is to be payable; and the indorsement of such indorsee is necessary to the further negotiation of the instrument. An indorsement in blank specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery.
Page 15 - 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 22 - 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...