Journal of the Canadian Bankers' Association, Volume 7Canadian Bankers' Association., 1900 - Banks and banking |
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Page 12
... agreement ever goes so far as to contra- dict the express agreement of the parties . Any one of them may annex incidents thereto , or may possibly vary the method of performance , but wherever the express contract and the alleged custom ...
... agreement ever goes so far as to contra- dict the express agreement of the parties . Any one of them may annex incidents thereto , or may possibly vary the method of performance , but wherever the express contract and the alleged custom ...
Page 13
... agreement is put into writing , that is all right as between the original parties , at any rate ; possibly as against a third party taking with notice or without value . But suppose such agreement is not in writing , but merely verbal ...
... agreement is put into writing , that is all right as between the original parties , at any rate ; possibly as against a third party taking with notice or without value . But suppose such agreement is not in writing , but merely verbal ...
Page 14
... agreement just as much as if the bill was for £ 100 and an oral agreement that only £ 50 should be paid were put forward . Then it has been suggested that this was a case in which equity would step in between the immediate parties and ...
... agreement just as much as if the bill was for £ 100 and an oral agreement that only £ 50 should be paid were put forward . Then it has been suggested that this was a case in which equity would step in between the immediate parties and ...
Page 15
... agreement to renew at maturity . But that is contradicting the terms of the bill ; it is making it not payable at the time it specifies for payment , and that makes such evidence inadmissible . Now , of course , there may be conditional ...
... agreement to renew at maturity . But that is contradicting the terms of the bill ; it is making it not payable at the time it specifies for payment , and that makes such evidence inadmissible . Now , of course , there may be conditional ...
Page 16
... agreement to pay on a certain condition or in a certain event , and not otherwise . So I think the other grounds I have enume- rated are the far better ones to rely on . But you can see the essential difference between such cases as ...
... agreement to pay on a certain condition or in a certain event , and not otherwise . So I think the other grounds I have enume- rated are the far better ones to rely on . But you can see the essential difference between such cases as ...
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Common terms and phrases
agent amount assets assignment Association authority Bank of British Bank of Canada Bank of Commerce Bank of Halifax Bank of Hamilton Bank of Montreal Bank of Nova Bank of Ottawa Bank of Toronto banker Bills of Exchange branch British North America Canada Canadian Bank Canada Imperial Bank Canada Merchants Bank cash certificate cheque circulation colonies Commerce Bank contract Council creditors currency debenture debt debtor defendant deposit directors dividends dollars Dominion notes drawer Eastern Townships Bank endorser fact fund Government guarantee Halifax Bank held holder Huggins insolvent interest issued John Cory judgment Laidman legal tender liable loan Lord ment Molsons Bank notice of dishonour Nova Scotia Ontario Bank paid parties payable payment person plaintiffs present Province Quebec Bank question receipt received shares silver Spanish dollar statute taxation trade transfer Treasury Union Bank
Popular passages
Page 248 - Where the instrument has been dishonored in the hands of an agent, he may either himself give notice to the parties liable thereon, or he may give notice to his principal. If he give notice to his principal, he must do so within the same time as if he were the holder, and the principal upon the receipt of such notice has himself the same time for giving notice as if the agent had been an independent holder.
Page 247 - ... where the drawee or acceptor Is as between himself and the drawer under no obligation to accept or pay the bill...
Page 250 - 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; 2.
Page 255 - Notice of dishonor may be given either to the party himself or to his agent in that behalf. Sec. 98. Notice Where Party Is Dead When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found.
Page 16 - ... delivery may be shown to have been conditional or for a special purpose only...
Page 251 - Where the person giving and the person to receive notice reside in different places, the notice is sent off on the day after the dishonour of the bill, if there be a post at a convenient hour on that day ; and if there be no such post on that day, then by the next post thereafter.
Page 192 - This is to Certify, that is the owner of Shares of the Capital Stock of GENERAL LAUNDRY COMPANY. Fully paid and non-assessable. transferable only on the Books of the Company, in person or by Attorney, on the surrender of this Certificate properly endorsed.
Page 188 - Company, of the par value of $10 each (fully paid and nonassessable), transferable only on the books of the company, in person or by attorney, upon surrender of this certificate.
Page 11 - Rolls,2 viz., ; that the court ought not to imply a term in a contract unless there arises from the language of the contract itself, and the circumstances under which it is entered into, such an inference that the parties must have intended the stipulation in question that the court is necessarily driven to the conclusion that it must be implied.
Page 180 - The plaintiff declared as payee, against the defendants as acceptors. The declaration also contained counts for money had and received by the defendants to the use of the plaintiff, for money paid by the plaintiff to the use of the defendants, on an account stated, and for interest.