The Negotiable Instruments Law with Comments and Criticisms: Reprinted from the Harvard Law Review, the Yale Law Journal and the American Law Register |
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Page 3
... thereof . " B. E. A. s . 83 ( 3 ) . The B. E. A. appears to make no similar provision as to bills . 4 Not in B. E. A. 6 Not in B. E. A. , except that section 16 ( 2 ) provides that the drawer of a bill and any indorser may insert ...
... thereof . " B. E. A. s . 83 ( 3 ) . The B. E. A. appears to make no similar provision as to bills . 4 Not in B. E. A. 6 Not in B. E. A. , except that section 16 ( 2 ) provides that the drawer of a bill and any indorser may insert ...
Page 5
... thereof has a prima facie authority to complete it by filling up the blanks therein . And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a nego- 1 " Where the ...
... thereof has a prima facie authority to complete it by filling up the blanks therein . And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a nego- 1 " Where the ...
Page 6
... thereof by all parties prior to him so as to make them liable to him is conclusively presumed . And where the instrument is no longer in the pos- session of a party whose signature appears thereon , a valid and intentional delivery by ...
... thereof by all parties prior to him so as to make them liable to him is conclusively presumed . And where the instrument is no longer in the pos- session of a party whose signature appears thereon , a valid and intentional delivery by ...
Page 7
... thereof ; 3. Where the instrument is not dated , it will be considered to be dated as of the time it was issued ; 4. Where there is a conflict between the written and printed provisions of the instrument , the written provisions prevail ...
... thereof ; 3. Where the instrument is not dated , it will be considered to be dated as of the time it was issued ; 4. Where there is a conflict between the written and printed provisions of the instrument , the written provisions prevail ...
Page 8
... thereof against any party thereto , can be acquired through or under such signa- ture , unless the party , against whom it is sought to enforce such right , is precluded from setting up the forgery or want of authority . * ARTICLE II ...
... thereof against any party thereto , can be acquired through or under such signa- ture , unless the party , against whom it is sought to enforce such right , is precluded from setting up the forgery or want of authority . * ARTICLE II ...
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...