Selected Cases on the Law of Negotiable Instruments |
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Page v
... Payable by Stated Instalments . Instrument Payable in Exchange is Not Negotiable . The Sum is Certain Though Payable With Costs of Collection or an Attorney's Fee . Instrument Must be Payable in Money . Must be Payable on Demand or at a ...
... Payable by Stated Instalments . Instrument Payable in Exchange is Not Negotiable . The Sum is Certain Though Payable With Costs of Collection or an Attorney's Fee . Instrument Must be Payable in Money . Must be Payable on Demand or at a ...
Page 14
... payable to the plaintiff or his order , was a bill of exchange , inasmuch as , by its nature , it was negotiable ; and that distinguishes it from a note payable to I. S. , or bearer , which he admitted was not a bill of exchange ...
... payable to the plaintiff or his order , was a bill of exchange , inasmuch as , by its nature , it was negotiable ; and that distinguishes it from a note payable to I. S. , or bearer , which he admitted was not a bill of exchange ...
Page 20
... payable to bearer , even though such security were a security for money . That , a fortiori , this scrip , not being a promise to pay money , but only to give a bond when all the instalments should have been paid up , could not have the ...
... payable to bearer , even though such security were a security for money . That , a fortiori , this scrip , not being a promise to pay money , but only to give a bond when all the instalments should have been paid up , could not have the ...
Page 24
... payable to order , and trans- ferring them by indorsement , took its rise . Hartmann , in a very learned work on ... payable to bearer , but when the practice of making bills of exchange payable to order , and making them transferable by ...
... payable to order , and trans- ferring them by indorsement , took its rise . Hartmann , in a very learned work on ... payable to bearer , but when the practice of making bills of exchange payable to order , and making them transferable by ...
Page 25
... payable to order or bearer , on the same footing as bills of exchange had received the sanction of the Courts , but Holt having become Chief Justice , a somewhat unseemly conflict arose between him and the merchants as to the ...
... payable to order or bearer , on the same footing as bills of exchange had received the sanction of the Courts , but Holt having become Chief Justice , a somewhat unseemly conflict arose between him and the merchants as to the ...
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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.