Law of Defenses in Actions on Commercial Paper: Including the Defenses at Common Law and Under the Negotiable Instruments Acts, Volume 2

Front Cover
1924 - 1091 pages

From inside the book

Contents

Suspicious circumstances gross
960
Illustrative cases
962
PaymentBy substituted or re 976 PaymentBy whom
966
Suspicious circumstancesRule
971
Bad faithWhat constitutes
973
DISCHARGE OF PARTY OR PARTIES TO
975
Duty of indorsee or transferee
979
Discharge of maker 992 Discharge of guarantor
985
Other modes of discharge of 998 Renunciation by holder
991
Matters apparent from instru
993
Omission of revenue stamp or failure to cancel stamp
995
Effect of notice acquired after purchase of instrument 699 Indorsement subsequent to notice 700 NoticeFraud
997
NoticeFraudulent alteration
1000
NoticeAccommodation paper
1001
NoticeCorporationAgency
1007
NegligenceRecovery
1016
Corporation indorsement
1022
Art 3
1047
Rights of Holder 105151105959
1055
Liability of drawee who retains
1059
Time of maturityThe rule
1060
When
1065
Art 8
1073
Demand note without interest
1075
Section Section
1102
CHAPTER 25
1105
Where notice must be sent 1118 When protest need not be made
1108
How madeForm contents
1111
Protest both for nonacceptance
1117
CHAPTER 26
1126
Notice to parties Circumstances beyond hold
1150
Section Section
1152
CHAPTER 27
1174
To whom payment
1178
Substituted checksLocal cus
1201
check will be honoredWant
1212
Section Section
1215
Right to setoffMust have been
1219
What may be set off generally availability
1223
AVAILABILITY IN RESPECT TO PARTICULAR PAR
1244
Assignees and indorseesWhat 913 Purchasers after maturity con
1252
WAIVER AND ESTOPPEL
1266
By recitals 948 By conduct representation
1275
By admission or declaration
1284

Common terms and phrases

Popular passages

Page 1327 - 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 1476 - 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 1028 - A holder in due course holds the instrument free • from any defect of title of prior parties, and free from defenses available to prior parties among themselves, and may enforce payment of the instrument for the full amount thereof against all parties liable thereon.
Page 1169 - Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omission to give due notice, and the waiver may be express or implied.
Page 1410 - 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.
Page 1056 - A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same.
Page 1042 - 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 1327 - When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon. SEC. 183. Except as herein otherwise provided where any one part of a bill drawn in a set is discharged by payment or otherwise the whole bill is discharged.
Page 1431 - An instrument is payable at a determinable future time, within the meaning of this act, which is expressed to be payable: 1. At a fixed period after date or sight; or 2. On or before a fixed or determinable future time specified therein; or 3.
Page 1156 - 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.

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