Law of Defenses in Actions on Commercial Paper: Including the Defenses at Common Law and Under the Negotiable Instruments Acts, Volume 21924 - 1091 pages |
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Page 942
... took it with notice of infirmities.19 However , the mere fact that when a note is transferred there is over- due and unpaid interest thereon , is not sufficient notice of dis- honor to throw such discredit upon the principal upon which ...
... took it with notice of infirmities.19 However , the mere fact that when a note is transferred there is over- due and unpaid interest thereon , is not sufficient notice of dis- honor to throw such discredit upon the principal upon which ...
Page 946
... took his chances as to his being the same man . He was the same , and hence inquiry was unnecessary . Respondent sent the man out with the check , and with the authority to dispose of it in the usual course of business to any one who in ...
... took his chances as to his being the same man . He was the same , and hence inquiry was unnecessary . Respondent sent the man out with the check , and with the authority to dispose of it in the usual course of business to any one who in ...
Page 948
... took the other three notes as collateral se- curity with knowledge of such fact , before their maturity , was held to be a holder in due course . Spencer v . Alki Point Transp . Co. , 53 Wash . 77 , 101 Pac . 509. Notice is given to an ...
... took the other three notes as collateral se- curity with knowledge of such fact , before their maturity , was held to be a holder in due course . Spencer v . Alki Point Transp . Co. , 53 Wash . 77 , 101 Pac . 509. Notice is given to an ...
Page 953
... , 113 N. W. 858 , 22 L. R. A. ( N. S. ) 718 , Ann . Cas . 665 ; Barry v . Kniseley , 56 Okla . 324 , 155 Pac . 1168 ; Producers Nat . Bank the purchaser took the note with knowledge that its sole 953 $ 690 HOLDERS IN DUE COURSE , CONTINUED.
... , 113 N. W. 858 , 22 L. R. A. ( N. S. ) 718 , Ann . Cas . 665 ; Barry v . Kniseley , 56 Okla . 324 , 155 Pac . 1168 ; Producers Nat . Bank the purchaser took the note with knowledge that its sole 953 $ 690 HOLDERS IN DUE COURSE , CONTINUED.
Page 954
... took the note with knowledge that its sole con- sideration was an executory contract which might be breached , it was held that the purchaser was not a holder in due course , but held the note subject to equities and defenses.78 And in ...
... took the note with knowledge that its sole con- sideration was an executory contract which might be breached , it was held that the purchaser was not a holder in due course , but held the note subject to equities and defenses.78 And in ...
Contents
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Common terms and phrases
acceptance acceptor accommodation indorser action agent agreement American Nat amount bad faith bill of exchange bona fide holder bona fide purchaser burden certificate of deposit collateral security comaker commercial paper Conn contract corporation debt defect defense delivered delivery demand note deposit discharge dorser draft drawer due course entitled estopped evidence executed fact failure of consideration fraud held holder for value holder in due infirmity Inst Iowa Kans knowledge law merchant liable Mass maturity ment Minn Misc mortgage Nebr Negotiable Instruments Act negotiable paper nonnegotiable nonpayment note given note payable notice of dishonor Okla paid party payee person plaintiff presented for payment promissory note prove provision purchaser received recover set-off signature signed statute sufficient suit surety Tenn thereof tion transfer Trust usury waiver Wash
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.