Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61) |
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Page viii
... Discharge of Bill . 59. Payment in due course , . 138 60. Banker paying demand draft whereon indorsement is forged ,. 141 61. Acceptor the holder at maturity , 62. Express waiver , . 63. Cancellation , 64. Alteration of bill ...
... Discharge of Bill . 59. Payment in due course , . 138 60. Banker paying demand draft whereon indorsement is forged ,. 141 61. Acceptor the holder at maturity , 62. Express waiver , . 63. Cancellation , 64. Alteration of bill ...
Page 4
... discharge of the counter obliga- tion in the contract , but that discharge only takes full effect when the bill has been discharged by payment or renuncia- tion , or by the holder of the bill failing to perform certain duties imposed on ...
... discharge of the counter obliga- tion in the contract , but that discharge only takes full effect when the bill has been discharged by payment or renuncia- tion , or by the holder of the bill failing to perform certain duties imposed on ...
Page 6
... as given in § 29. The privilege of negotiability also includes that of being able to give a valid discharge to the person paying the holder in due course , and of being able , though the holder's own title be 6 INTRODUCTION .
... as given in § 29. The privilege of negotiability also includes that of being able to give a valid discharge to the person paying the holder in due course , and of being able , though the holder's own title be 6 INTRODUCTION .
Page 35
... it may be negotiated or discharged either by the whole of them or by the majority or quorum . ( c . ) This provision alters the common law , Holmes v . $ 7 . $ 7 . What bills are negotiable . Jacques , FORM AND INTERPRETATION . 35.
... it may be negotiated or discharged either by the whole of them or by the majority or quorum . ( c . ) This provision alters the common law , Holmes v . $ 7 . $ 7 . What bills are negotiable . Jacques , FORM AND INTERPRETATION . 35.
Page 40
... discharged , vide § 45 , and this clause does not reimpose any liability upon them . To render the indorser , who has negotiated the bill after it became overdue , liable in recourse , it is sufficient that the bill be presented for ...
... discharged , vide § 45 , and this clause does not reimpose any liability upon them . To render the indorser , who has negotiated the bill after it became overdue , liable in recourse , it is sufficient that the bill be presented for ...
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Commentary on the Bills of Exchange ACT, 1882 (45 & 46 Victoria, Cap. 61) W D Thorburn No preview available - 2016 |
Common terms and phrases
acceptance acceptor acceptor for honour according action agent altered amount apply authorised authority bank notes banker bearer bearing bill of exchange bill or note bill payable bound charge cheque claim complete condition contract Court crossing debt deemed defendant delivered delivery diligence discharged dishonoured draft draw drawer drawn due course duly duty effect enacted England entitled expressed fact foreign forged give given granted hands held holder in due honour indorser interest issue letter of credit liable limited material maturity means ment necessary negotiated notice obligation paid particular party payee payment person plaintiff presented for payment presentment principal prior promissory note protest proved reasonable received recourse referred rules Scotland signature signed stamped sufficient taken thereof tion transfer true unless Vict vide writing written
Popular passages
Page 186 - A promissory note is defined as " 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 determinable future time, a sum certain in money to, or to the order of, a specified person or to bearer
Page 50 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Page 48 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.
Page 77 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. 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 21 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 77 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 54 - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Page 104 - ... partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm.
Page 32 - A bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it should not be transferable.
Page 98 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.