The Law of Promissory Notes, Drafts, Checks, Etc |
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Page 17
... payee , who transfers it to D. The drawer's name is forged . B. pays the amount of the draft to D. , and then finds out the forgery , and tries to recover the money paid . He can not do it . Even if 17 Form and Essential Characteristics.
... payee , who transfers it to D. The drawer's name is forged . B. pays the amount of the draft to D. , and then finds out the forgery , and tries to recover the money paid . He can not do it . Even if 17 Form and Essential Characteristics.
Page 18
Leslie Jay Tompkins. paid . He can not do it . Even if B. had not paid the draft , but had accepted it , either C. or D. , or any other holder for value without notice , could recover the amount in an action on the instrument . The same ...
Leslie Jay Tompkins. paid . He can not do it . Even if B. had not paid the draft , but had accepted it , either C. or D. , or any other holder for value without notice , could recover the amount in an action on the instrument . The same ...
Page 19
... paid . An order to pay out of a particular fund would be conditional , because there might not be enough in the fund to meet the instru- ment . So , none of the following would be good instruments : " I promise to pay C. or order ...
... paid . An order to pay out of a particular fund would be conditional , because there might not be enough in the fund to meet the instru- ment . So , none of the following would be good instruments : " I promise to pay C. or order ...
Page 20
... paid , and it matters not to the holder where the money comes from . So long , then , as it is sure that it will be paid , the attaching of statements like those above named does not matter . The following instru- ments are valid ...
... paid , and it matters not to the holder where the money comes from . So long , then , as it is sure that it will be paid , the attaching of statements like those above named does not matter . The following instru- ments are valid ...
Page 22
... paid in English money , we mean that you can not enforce payment in that way . In New York or any other large city in the United States , it would not be difficult to secure the English money . The law may designate a particular kind of ...
... paid in English money , we mean that you can not enforce payment in that way . In New York or any other large city in the United States , it would not be difficult to secure the English money . The law may designate a particular kind of ...
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Common terms and phrases
acceptance for honor Accepted Supra Protest acceptor accommodation party agent amount authority bank bearer instrument bill of exchange bill of lading bill or draft bill or note blank bona fide holder Borst ceptance certificates charge consideration contract courts debt debtor depositor discharged dorser draft or bill drawer and indorsers drawn duly February 29 fraud give notice given held hold holder for value immediate parties instance instru instrument payable James Robinson John Doe Jones law merchant liable maker maturity ment necessary negotiable instrument non-payment note or draft notice of dishonor notify paid paper pay the instrument payable on demand payee person place of business presented for payment promise to pay promissory note reasonable receipt recover refused residence Robinson & Co sentment signature signed statute strument sufficient sum certain supra protest thereon tion unless valid value without notice William Smith words York
Popular passages
Page 10 - 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 91 - 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 117 - 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.
Page 173 - The acceptor for honor by such acceptance engages that he will on due presentment pay the bill according to the terms of his acceptance: Provided, It shall not have been paid by the drawee: And provided also, That it shall have been duly presented for payment and protested for non-payment and notice of dishonor given to him.
Page 116 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers.
Page 139 - Where the person giving and the person to receive notice reside in the same place, notice must be given within the following times : (1) If given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following...
Page 170 - Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.
Page 98 - 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 63 - 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 116 - 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.