The Law of Negotiable Instruments: Including Promissory Notes, Bills of Exchange, Bank Checks and Other Commercial Paper with the Negotiable Instruments Law Annotated and Forms of Pleading, Trial Evidence and Comparative Tables Arranged Alphabetically by States |
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Common terms and phrases
acceptor accommodation agent arranged alpha authority bill of exchange bill or note bona fide holder certificate of deposit citing the Law collateral security commercial paper complete list Conn consideration construed contract Corresponding provision debt delivery directly or indirectly discharged drawer due course effect English Bills Exchange Act fraud given holder for value holder in due indirectly bear indorsement Inst instru instrument payable Instruments Law provides Iowa jurisdictions Law are grouped law merchant liable maker Mass maturity ment Misc N. Y. Supp National Bank Negotiable Instruments Law non-payment notice of dishonor Ohio St Okla paid party payable to bearer payee person plaintiff presented for acceptance presented for payment promissory note protest recover signature Smith statute strued arranged alphabetically strument surety Tenn thereof transfer Trust usury valid Wash words
Popular passages
Page 41 - A cheque is a Bill of Exchange drawn on a banker payable on demand. Promissory Note. — 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...
Page 174 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
Page 147 - A holder in due course is a holder who has taken the instrument under the following conditions: — 1. That it is complete and regular upon its face; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3.
Page 146 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.
Page 143 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 61 - As between immediate parties, and as regards a remote party other than a holder in due course, the delivery, in order to be effectual, must be made either by or under the authority of the party making, drawing, accepting or indorsing, as the case may be; and in such case the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument.
Page 61 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
Page 142 - 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.
Page 152 - 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.
Page 291 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted.