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 22
... person executing the instrument the duty of indicating the contrary intent by appropriate words.26 The Bills of Exchange Act accepted this point of view as a concession to Scotland , where the principle had been established as early as ...
... person executing the instrument the duty of indicating the contrary intent by appropriate words.26 The Bills of Exchange Act accepted this point of view as a concession to Scotland , where the principle had been established as early as ...
Page 23
... person executing the instrument having created an instrument payable to order , it seemed inadmissible to permit its character to be changed by a subsequent holder . While an indorsement in blank may enable a bill or note payable to ...
... person executing the instrument having created an instrument payable to order , it seemed inadmissible to permit its character to be changed by a subsequent holder . While an indorsement in blank may enable a bill or note payable to ...
Page 24
... person indorsing specially is liable as indorser to only such holders as make title through his indorsement . ' ' 40 Art . 1 ( 1 ) . The same is true of promissory notes : see art . 79 . 41 14 Weiske , 215 , n . 39 . 421 Meyer , 137 ...
... person indorsing specially is liable as indorser to only such holders as make title through his indorsement . ' ' 40 Art . 1 ( 1 ) . The same is true of promissory notes : see art . 79 . 41 14 Weiske , 215 , n . 39 . 421 Meyer , 137 ...
Page 25
... person who should have signed . Art . 3 , Convention . 47 Art . 1 ( 3 ) . 48 Arts . 1 ( 4 ) , 2 , par . 2 . 49 Arts . 1 ( 5 ) , 2 , par . 3 . 50 Art . 1 ( 6 ) . 51 Art . 1 ( 7 ) . The date appeared necessary : ( 1 ) to ascertain whether ...
... person who should have signed . Art . 3 , Convention . 47 Art . 1 ( 3 ) . 48 Arts . 1 ( 4 ) , 2 , par . 2 . 49 Arts . 1 ( 5 ) , 2 , par . 3 . 50 Art . 1 ( 6 ) . 51 Art . 1 ( 7 ) . The date appeared necessary : ( 1 ) to ascertain whether ...
Page 27
... person who acquired title to the instrument in good faith and in the exercise of due care by an uninterrupted series of indorsements . 11. Interpretation . 64 There is an express provision in the Uniform Laws that where the amount is ...
... person who acquired title to the instrument in good faith and in the exercise of due care by an uninterrupted series of indorsements . 11. Interpretation . 64 There is an express provision in the Uniform Laws that where the amount is ...
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.