Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61) |
From inside the book
Results 1-5 of 58
Page 5
... prove the existence of a debt , using his bill as an assignation of it . If a drawee have accepted a bill for an insufficient consideration , and the payee of the bill thereafter takes it in payment of the valuable consideration which ...
... prove the existence of a debt , using his bill as an assignation of it . If a drawee have accepted a bill for an insufficient consideration , and the payee of the bill thereafter takes it in payment of the valuable consideration which ...
Page 7
... proved that he gave no value , he can support the bill by showing that some prior party to him gave value , in which case the acceptor , and all parties prior to the person who gave value therefor , are liable to him if they have no ...
... proved that he gave no value , he can support the bill by showing that some prior party to him gave value , in which case the acceptor , and all parties prior to the person who gave value therefor , are liable to him if they have no ...
Page 14
... prove was this refusal , and that they were ready to do . The pursuers accordingly appealed to the House of Lords , where the judgment of the Court of Session was reversed , and the relevancy of the action sustained . Lord Chancellor ...
... prove was this refusal , and that they were ready to do . The pursuers accordingly appealed to the House of Lords , where the judgment of the Court of Session was reversed , and the relevancy of the action sustained . Lord Chancellor ...
Page 27
... proved by parole , vide § 100 , but in the case of a person who is unable to write subscription by a notary or a justice of the peace , in presence of two witnesses , in the manner provided in the Convey- $ 3 . ancing Act , 37 & 38 Vict ...
... proved by parole , vide § 100 , but in the case of a person who is unable to write subscription by a notary or a justice of the peace , in presence of two witnesses , in the manner provided in the Convey- $ 3 . ancing Act , 37 & 38 Vict ...
Page 28
... proved . Subscription by initials was sustained in Thomson v . Shiel , 1729 , Mor . 16810 , on proof that the party usually subscribed by signing his initials , Bell's Prin . 323 , and that he did subscribe the particular writ , and ...
... proved . Subscription by initials was sustained in Thomson v . Shiel , 1729 , Mor . 16810 , on proof that the party usually subscribed by signing his initials , Bell's Prin . 323 , and that he did subscribe the particular writ , and ...
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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
20 Vict acceptance supra protest acceptor for honour accommodation bill agent amount authorised authority bank holiday bank notes Bank of England Bell's bill drawn bill of exchange bill or note bill payable cancelled claim Clydesdale Bank contract creditor crossed cheque debt debtor deemed defendant delivery discharged draft drawer or indorser due course duly duty enacted entitled ex facie foreign bill forged given granter held holder in due inland bill instrument issued law merchant letter of credit maturity ment negotiated non-payment notary notice of dishonour obligation paid parole parties liable payable on demand payable to bearer payee person place of payment plaintiff presented for payment presentment for acceptance prior indorsers promissory note proved received recourse Scotland signature signed Stamp Act stamped subsection summary diligence supra protest thereof thereto tion transfer true owner United Kingdom vide Appendix vide note writ
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.