Selected Cases on the Law of Negotiable Instruments |
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Page 4
... court said " that this course of accepting bills being a general custom amongst all traders , both within and without the realm , and having every- where that effect to make the acceptor subject to pay the contents , the Court must take ...
... court said " that this course of accepting bills being a general custom amongst all traders , both within and without the realm , and having every- where that effect to make the acceptor subject to pay the contents , the Court must take ...
Page 12
... court , afterwards , in Hilary term , 20 & 21 Car . II . , declared their opinions , " that an action of debt would not lie upon a bill of exchange accepted , against the acceptor ; but that a special action upon the case must be ...
... court , afterwards , in Hilary term , 20 & 21 Car . II . , declared their opinions , " that an action of debt would not lie upon a bill of exchange accepted , against the acceptor ; but that a special action upon the case must be ...
Page 32
... Court of King's Bench , in the case of Edie v . The East India Company , 2 Burr . 1216 , held that evidence of a contrary usage was inadmissible . In like manner in Grant v . Vaughan , 3 Burr . 1516 , where a cash note , payable to ...
... Court of King's Bench , in the case of Edie v . The East India Company , 2 Burr . 1216 , held that evidence of a contrary usage was inadmissible . In like manner in Grant v . Vaughan , 3 Burr . 1516 , where a cash note , payable to ...
Page 45
... courts of Maine , Vermont , Massachusetts and New York , as well as from Pennsylvania . In the course of the opinion the court say : “ It sufficiently appears from the memoranda on its face that it was drawn on a specially deposited ...
... courts of Maine , Vermont , Massachusetts and New York , as well as from Pennsylvania . In the course of the opinion the court say : “ It sufficiently appears from the memoranda on its face that it was drawn on a specially deposited ...
Page 46
... court thereupon nonsuited the plaintiff , to which decision she excepted . The General Term having affirmed the determination of the trial court , the plaintiff took this appeal . We think the court below erred as to both of 46 GENERAL ...
... court thereupon nonsuited the plaintiff , to which decision she excepted . The General Term having affirmed the determination of the trial court , the plaintiff took this appeal . We think the court below erred as to both of 46 GENERAL ...
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Selected Cases on the Law of Negotiable Instruments (Classic Reprint) Robert E. Bunker No preview available - 2016 |
Common terms and phrases
acceptance acceptor action affirmed agent alleged amount appellant appellee assignment assumpsit authority bill of exchange bill or note blank bona fide holder bonds certificate certificate of deposit charge cited commercial paper common law consideration contract court Curtis Bros custom of merchants debt decision declaration defendant defendant's delivered delivery demand demurrer deposit dishonor draft drawer drawn entitled error estoppel evidence fact fraud fund given held holder for value indorsement inland bills instru interest judgment jury law merchant liable Lord maker maturity ment National Bank negotiable instrument negotiable paper non-payment notice obligation opinion paid parties payable to bearer payee person plaintiff plaintiff in error principle promise to pay promissory note protest purchaser question reason recover rule says scrip seal signature statute stipulation sufficient thereof tion transaction transfer trial usage usury value received verdict words
Popular passages
Page 161 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 532 - 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 189 - Value is any consideration sufficient to support a simple contract. An antecedent or pre-existing debt constitutes value ; and is deemed such whether the instrument is payable on demand or at a future time.
Page 190 - A holder in due course holds the instrument free from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 164 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But...
Page 181 - that the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision. In trials at common law, in the courts of the United States, In cases where they apply.
Page 190 - 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 561 - Act.) In any case not provided for in this act, the rules of law and equity, including the law merchant...
Page 400 - ... 1. Where the drawer and drawee are the same person. 2. Where the drawee is a fictitious person or a person not having capacity to contract. 3. Where the drawer is the person to whom the instrument is presented for payment. 4. Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument. 5. Where the drawer has countermanded payment.
Page 189 - Where value has at any time been given for the instrument, the holder is deemed a holder for value in respect to all parties who became such prior to that time.