The Negotiable Instruments Law of Kentucky |
From inside the book
Page 45
... when it is shown that the title of any person who has negotiated the instrument was defective , the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course ( b ) .
... when it is shown that the title of any person who has negotiated the instrument was defective , the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course ( b ) .
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
The Negotiable Instruments Law of Kentucky (Classic Reprint) Charles M. Lindsay No preview available - 2017 |
Common terms and phrases
acceptance acceptance for honor acceptor accommodation action agent alteration amount authority Bank of Kentucky bills of exchange blank Bush capacity certificate changed the law charge Citizens collection Colorado consideration constitutes contract Dana deemed delay delivered delivery Deposit discharged dishonor drawer drawn due course Eaton and Gilbert effect evidence fact follows foreign bills give notice given hands holder in due honor indorsement instrument payable liable Litt maker material maturity means ment necessary non-acceptance non-payment North Carolina Norton notary Ohio otherwise paid Paper particular party payable payable on demand payee payment person presented for payment presentment principal prior promissory notes protest provision qualified Randolph reasonable receive refused residence rule Savings Bank sent signature signed Smith specified statute subsequent sufficient Tennessee thereon tion transfer treated unless Wisconsin writing written York
Popular passages
Page 51 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants — 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior" parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Page 53 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 12 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. 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...
Page 33 - Where an instrument is drawn or indorsed to a person as "Cashier" or other fiscal officer of a bank or corporation, it is deemed prima facie to be payable to the bank or corporation of which he is such officer; and may be negotiated by either the indorsement of the bank or corporation or the indorsement of the officer.
Page 107 - Where a bill is addressed to two or more drawees who are not partners, presentment must be made to them all, unless one has authority to accept or refuse acceptance for all, in which case presentment may be made to him only ; 2.
Page 102 - Where a drawee to whom a bill is delivered for acceptance destroys the same, or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return the bill accepted or nonaccepted to the holder, he will be deemed to have accepted the same.
Page 88 - By a valid tender of payment made by a prior party; 5. By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved; 6. By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved.
Page 50 - Where a person, not otherwise a party to an instrument, places thereon his signature in blank before delivery he is liable as indorser, in accordance with the following rules: 1. If the instrument is payable to the order of a third person, he is liable to the payee and to all subsequent parties. 2. If the instrument is payable to the order of the maker or drawer, or is payable to bearer, he is liable to all parties subsequent to the maker or drawer.
Page 12 - Where the instrument is wanting in any material particular, the person in possession thereof has a prima facie authority to complete it by filling up the blanks therein. And a signature on a blank paper delivered by the person making the signature in order that the paper may be converted into a negotiable instrument operates as a prima facie authority to fill it up as such for any amount.
Page 105 - The holder may refuse to take a qualified acceptance, and if he does not obtain an unqualified acceptance, he may treat the bill as dishonored by non-acceptance. Where a qualified acceptance is taken the drawer and indorsers are discharged from liability on the bill, unless they have expressly or impliedly authorized the holder to take a qualified acceptance, or subsequently assent thereto.
Bibliographic information
| Title | The Negotiable Instruments Law of Kentucky |
| Author | Charles Monfort Lindsay |
| Publisher | G.G. Fetter, 1904 |
| Original from | Harvard University |
| Digitized | 11 Dec 2007 |
| Length | 174 pages |
| Export Citation | BiBTeX EndNote RefMan |