Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, BankruptcyAlfred William Bays |
From inside the book
Results 1-5 of 100
Page xxxiii
... indorsement accomplished . $ 452 . Attempted partial indorsement . § 453. Effect of indorsement to transfer incidents . $ 454 . Presumptions as to indorsements . 455. Miscellaneous rules concerning indorsement . B. Kinds of Indorsements ...
... indorsement accomplished . $ 452 . Attempted partial indorsement . § 453. Effect of indorsement to transfer incidents . $ 454 . Presumptions as to indorsements . 455. Miscellaneous rules concerning indorsement . B. Kinds of Indorsements ...
Page 182
... indorsement of a note by a third person , or pay- ment in chattels or anything other than money , will be a good discharge of the whole by way of accord and satisfaction . Note to Cumber v . Wane , 1 Smith , Lead . Cas . 357. And see a ...
... indorsement of a note by a third person , or pay- ment in chattels or anything other than money , will be a good discharge of the whole by way of accord and satisfaction . Note to Cumber v . Wane , 1 Smith , Lead . Cas . 357. And see a ...
Page 185
... indorsed by a third person for a less sum than the amount of the debt , it is a good accord and satisfaction to bar a subsequent suit by the creditor to recover the baalnce of the debt . Boyd v . Hitchcock , 20 Johns . 76 ; Dolvear v ...
... indorsed by a third person for a less sum than the amount of the debt , it is a good accord and satisfaction to bar a subsequent suit by the creditor to recover the baalnce of the debt . Boyd v . Hitchcock , 20 Johns . 76 ; Dolvear v ...
Page 211
... Carlin & Co. , interest pay- able annually , and if not so paid , to become the principal , and to bear the same rate of interest . ' Joshua Neely . ' * " On the note were the following indorsements : LEGALITY OF CONTRACTS 211.
... Carlin & Co. , interest pay- able annually , and if not so paid , to become the principal , and to bear the same rate of interest . ' Joshua Neely . ' * " On the note were the following indorsements : LEGALITY OF CONTRACTS 211.
Page 212
... indorsements : ' Oct. 4 , 1879 , received two thousand dollars on this note ; ' ' Paid $ 300 , ( three hundred dollars , ) Nov. 28 , 1883 ; ' ' Paid upon the within Feb. 20 , 1886 , $ 1000 by M. E. Bagley . ' " The county court allowed ...
... indorsements : ' Oct. 4 , 1879 , received two thousand dollars on this note ; ' ' Paid $ 300 , ( three hundred dollars , ) Nov. 28 , 1883 ; ' ' Paid upon the within Feb. 20 , 1886 , $ 1000 by M. E. Bagley . ' " The county court allowed ...
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Common terms and phrases
99 Question acceptance accord and satisfaction action agent agreed agreement alleged amount appellant appellee assignment authority Biewer binding bound breach charge circumstances claim Clandeboye common carrier common law consideration constitute contract court of equity covenant creditor damages debt debtor decision deed defendant defendant's disaffirm discharge doctrine duress duty enforceable executed fact fendant held illegal implied infant instrument intention interest judgment jury JUSTICE land lease letter liable liquidated damages Lomm ment merely minor necessary negotiable Note obligation offeree offeror option oral paid paper parol evidence parol evidence rule party payment performance person plaintiff in error Plankington Point Involved principle promise promisor purchase purpose ratification reason received recover rule seal seller signed sold statement statute of frauds sued sufficient suit thereof tion tort tract transaction unless usury valid void voidable writing
Popular passages
Page 678 - Action for damages for non-acceptance of the goods. —(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Page 983 - 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 720 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
Page 580 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Page 988 - 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 or determinable future time, a sum certain in money, to, or to the order of, a specified person, or to bearer.
Page 678 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Page 976 - 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 851 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Page 757 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer ; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Page 848 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.