Selected Cases on the Law of Negotiable Instruments |
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Page 13
... latter were in use before the former . There is not a contradictory case , or even dictum , unless we consider as such the doubt expressed in the case of Butcher v . Swift , cited by Comyns ; but that case is not reported , and ...
... latter were in use before the former . There is not a contradictory case , or even dictum , unless we consider as such the doubt expressed in the case of Butcher v . Swift , cited by Comyns ; but that case is not reported , and ...
Page 17
... latter , and that it was so at an earlier period , on the con- tinent of Europe , from whence it was introduced into England ; and when introduced , it came attended with all the obligations annexed , which the custom had attached to it ...
... latter , and that it was so at an earlier period , on the con- tinent of Europe , from whence it was introduced into England ; and when introduced , it came attended with all the obligations annexed , which the custom had attached to it ...
Page 18
... latter . The scrip in question was bought by the plaintiff through one . Clayton , a stockbroker , and was allowed to remain in Clayton's hands , who unlawfully pledged it with the defendants , who are bankers , as security for a loan ...
... latter . The scrip in question was bought by the plaintiff through one . Clayton , a stockbroker , and was allowed to remain in Clayton's hands , who unlawfully pledged it with the defendants , who are bankers , as security for a loan ...
Page 19
... latter . The contention on the part of the plaintiff was that , scrip of this description not coming under the category of any of the securities for money which , by the law merchant , are capable of being transferred by indorsement or ...
... latter . The contention on the part of the plaintiff was that , scrip of this description not coming under the category of any of the securities for money which , by the law merchant , are capable of being transferred by indorsement or ...
Page 22
... and dealings of the parties , will assume that the latter have dealt with one another on the footing of any custom or usage prevailing generally in the particular department . By this process 22 HISTORY OF THE LAW MERCHANT.
... and dealings of the parties , will assume that the latter have dealt with one another on the footing of any custom or usage prevailing generally in the particular department . By this process 22 HISTORY OF THE LAW MERCHANT.
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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.