The Conflict of Laws Relating to Bills and Notes: Preceded by a Comparative Study of the Law of Bills and Notes |
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Page 12
... holder's title 135 a . Anglo - American law 135 ( 1 ) English law 135 ( 2 ) American law b . Foreign law C. Discussion 3. Holder in due course 4. Maturity a . In general b . Anglo - American law 136 136 136 140 142 142 143 ( 1 ) English ...
... holder's title 135 a . Anglo - American law 135 ( 1 ) English law 135 ( 2 ) American law b . Foreign law C. Discussion 3. Holder in due course 4. Maturity a . In general b . Anglo - American law 136 136 136 140 142 142 143 ( 1 ) English ...
Page 23
... holder . While an indorsement in blank may enable a bill or note payable to order to circulate as if made payable to bearer , such an instrument differs , nevertheless , from one originally payable to bearer in that each holder has the ...
... holder . While an indorsement in blank may enable a bill or note payable to order to circulate as if made payable to bearer , such an instrument differs , nevertheless , from one originally payable to bearer in that each holder has the ...
Page 27
... 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 . " 63 The only express provision on the subject in the Uniform Law is found in article 28 , according ...
... 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 . " 63 The only express provision on the subject in the Uniform Law is found in article 28 , according ...
Page 28
... holder's rights under these circumstances to an action for damages.70 II . CONSIDERATION . There are no rules relating to the subject of consideration in the Uniform Law . The notions of " holder for value " or " holder in due course ...
... holder's rights under these circumstances to an action for damages.70 II . CONSIDERATION . There are no rules relating to the subject of consideration in the Uniform Law . The notions of " holder for value " or " holder in due course ...
Page 29
... holder , whether he be an immediate or a remote party , result in a clear and logical manner from this conception . It would seem that this point of view also underlies the Uniform Law . It should be observed , however , that whatever ...
... holder , whether he be an immediate or a remote party , result in a clear and logical manner from this conception . It would seem that this point of view also underlies the Uniform Law . It should be observed , however , that whatever ...
Other editions - View all
The Conflict of Laws Relating to Bills and Notes: Preceded by a Comparative ... Ernest Lorenzen No preview available - 2016 |
The Conflict of Laws Relating to Bills and Notes: Preceded by a Comparative ... Ernest Gustav Lorenzen No preview available - 2015 |
The Conflict of Laws Relating to Bills and Notes: Preceded by a Comparative ... Ernest Gustav Lorenzen No preview available - 2018 |
Common terms and phrases
acceptance supra protest acceptor according adopted alternative rule Anglo-American law apply Article Audinet authority B. E. A. sec Bank Bettelheim bill of exchange bill or note bills and notes capacity Clunet conflict of laws Convention courts deemed determined Diena different contracts domicile drawer and indorser drawer or indorser drawn due course England English law Exchange Act Exchange Law foreign Grünhut Hague holder in due honor law governing law of bills legislation lettre de change lex domicilii lex loci contractus lex loci solutionis lex patriae Lyon-Caen & Renault maturity ment Minakuchi Montevideo N. I. L. sec negotiable instrument non-acceptance non-payment notice of dishonor Ottolenghi paiement payee place of issue place of payment place of performance presentment for acceptance presentment for payment provisions question reasonable regards respect right of recourse Roman law signature Staub Surville & Arthuys thereof Trattato uniform act Uniform Law validity vis major
Popular passages
Page 214 - A cheque is a Bill of Exchange drawn on a banker payable on demand. Promissory Note. — A Promissory Note is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand or at a fixed...
Page 181 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument. But an order or promise to pay out of a particular fund is not unconditional.
Page 185 - ... delivery 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 29 - 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 230 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all...
Page 247 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Page 243 - The notarial act of honor must be founded on a declaration made by the payer for honor or by his agent in that behalf declaring his intention to pay the bill for honor and for whose honor he pays.
Page 198 - Except as herein otherwise provided, when a negotiable instrument has been dishonored by non-acceptance or non-payment, notice of dishonor must be given to the drawer and to each indorser, and any drawer or indorser to whom such notice is not given is discharged.
Page 226 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 186 - No person is liable on the instrument whose signature does not appear thereon, except as herein otherwise expressly provided. But one who signs in a trade or assumed name will be liable to the same extent as if he had signed in his own name.