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
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Page 62
... plaintiff from proving an actual trust , which would be necessary under Professor Ames ' proposed substitute . A general agent might be authorized to use money quite differently from a trustee . Sec . 137. This section holds the ...
... plaintiff from proving an actual trust , which would be necessary under Professor Ames ' proposed substitute . A general agent might be authorized to use money quite differently from a trustee . Sec . 137. This section holds the ...
Page 105
... plaintiff could , if he chose , rescind the conditional sale and the defendant would then have no right to the horse , and would no longer be liable to pay the note . . . . If the horse should die within the month without fault on the ...
... plaintiff could , if he chose , rescind the conditional sale and the defendant would then have no right to the horse , and would no longer be liable to pay the note . . . . If the horse should die within the month without fault on the ...
Page 111
... plaintiffs ' clerk , fraudulently drew a bill in V.'s name on the plaintiffs , pay- able to Petridi & Company . After the plaintiffs had accepted it , Glyka forged Petridi & Company's name and had the bill cashed by the Bank of England ...
... plaintiffs ' clerk , fraudulently drew a bill in V.'s name on the plaintiffs , pay- able to Petridi & Company . After the plaintiffs had accepted it , Glyka forged Petridi & Company's name and had the bill cashed by the Bank of England ...
Page 112
... plaintiffs ' clerk , by fraudulently representing that work had been done for them by one George Brett , induced them to draw checks payable to the order of George Brett in payment of the pretended work . In point of fact , no such ...
... plaintiffs ' clerk , by fraudulently representing that work had been done for them by one George Brett , induced them to draw checks payable to the order of George Brett in payment of the pretended work . In point of fact , no such ...
Page 122
... plaintiff within a given time , or do some other act which it was perfectly competent for the principal to perform , but which the agent could not . What would be thought of a declaration charging the pretended agent as a principal in ...
... plaintiff within a given time , or do some other act which it was perfectly competent for the principal to perform , but which the agent could not . What would be thought of a declaration charging the pretended agent as a principal in ...
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...