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" Payment is made in due course when it is made at or after the maturity of the instrument to the holder thereof in good faith and without notice that his title is defective. "
A Treatise on the Law of Bills of Exchange: Promissory Notes, Bank-notes and ... - Page 290
by John Barnard Byles - 1891 - 584 pages
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The Central Law Journal, Volume 84

Law - 1917 - 510 pages
...declared in Negotiable Instruments Law, 5 148, to be a payment made at or after maturity of the instrument to the holder thereof in good faith and without notice that his title is defective. — Potter v. Sager. NY 161 NY Supp. 1088. 21. Signature. — -No particular form of...
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Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61)

W. D. Thorburn - Bills of exchange - 1882 - 316 pages
...negotiable in England as well as in Scotland, vide § 8 (4). (6.) Vide §35. (c.) A bill is discharged (1) by payment in due course by or on behalf of the drawee or acceptor, or, in the case of an accommodation bill, by the person accommodated, vide § 59 ; (2) where the acceptor...
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The Lancaster Law Review, Volume 36

Law - 1919 - 310 pages
...the contrary. This position is, in my judgment, untenable. It is true that a negotiable instrument is discharged by payment in due course by or on behalf of the principal debtor. Act of May 16. 1001, PL 194, sec. 119. But this provision has no application when...
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Sammlung der seit dem Jahre 1871 in Aegypten, Belgien, Dänemark ...

Oscar Borchardt - Banking law - 1883 - 392 pages
...transfer he is not aware of any fact which renders it valueless. Discharge of Bill. Payment in 59 — (] ) A bill is discharged by payment in due course by or on due course. "Payment in due course" means payment made at or after the maturity of the bill to the...
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A Handy Book on the Law of Bills, Cheques, Notes and IOU's

James Walter Smith - Catalogs, Publishers' - 1884 - 164 pages
...notice of dishonor, if given, falls to the ground. 3. A hill is discharged (see B. of Excli. Act, s. 59) by payment in due course, by or on behalf of the drawee...holder thereof, in good faith, and without notice that the title to the bill is defective. The rule applies also to a note, substituting maker for drawee...
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Roscoe's Digest of the Law of Evidence on the Trial of Actions ..., Volumes 1-2

Henry Roscoe - Evidence (Law) - 1884 - 834 pages
...payment to the indorsee is valid whether the condition has l>eeu fulfilled or not." Sect. 59. "(1.) A bill is discharged by payment in due course by or...maturity of the bill to the holder thereof in good faith" (vid« sect. 90, ante, p. 318) " and without notice that his title to the bill is defective.'' " (2.)...
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A Handbook of the Law of Scotland

James Lorimer - Law - 1885 - 688 pages
...he is not aware of any fact which renders it valueless. (Sec. 58.) 1589. [Discharge of Bills. — " A bill is discharged by payment in due course by or on behalf of the drawer or acceptor ; " that is, payment to the holder at or after maturity. (Sec. 59.) A bill is also...
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The Theory and Practice of Banking, Volume 2

Henry Dunning Macleod - Banks and banking - 1886 - 722 pages
...question for the Jury Ooldshede v. Cottrell, 2 M. & W.( 20. Sibtree v. Tripp, 45 M. & W.,28 278.* 1. A bill is discharged by payment in due course by or on behalf of the drawee or acceptor the maturity of the bill to the holder thereof in good faith, and without notice that his title to...
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The Code of Virginia: With the Declaration of Independence and the ...

Virginia - Law - 1899 - 724 pages
...COURSE. — Payment is made in due course when it is made at or after the maturity of the instrument to the holder thereof in good faith and without notice that his title is defective. ARTICLE VII. NOTICE OF DISHONOR. § 89. To WHOM NOTICE OF DISHONOR MUST BE GIVEN.—...
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The Maryland Code: Public General Laws : Adopted by the General Assembly of ...

Maryland - Law - 1898 - 700 pages
...thereon. 107. Payment is made in due course when it is made at or after the maturity of the instrument to the holder thereof in good faith and without notice that his title is defective. CHAPTER VIII— Notice of Dishonor. 108. Except as herein otherwise provided, when a...
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