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. The Pacific Reporter - Page 711925Full view - About this book
| Melville Madison Bigelow - Negotiable instruments - 1928 - 682 pages
...the time of his indorsement valid and subsisting." Bringing these warranties together, they are: (a) That the instrument is genuine and in all respects what it purports to be ; (6) that the indorser has a good title to it ; (c) that all prior parties had capacity to contract;... | |
| Melville Madison Bigelow - Negotiable instruments - 1928 - 680 pages
...the interpretation. Brannan, NIL (3d ed.) pp. 426, 543, n. (Ames), 510513 (McKeehan). 1 NIL § 65 : "Every person negotiating an instrument by delivery or by a qualified indorsement warrants", etc. The single distinction made is that the warranty of the transferor without indorsement (vendor)... | |
| New York (State) - Law - 1917 - 224 pages
...Div. 273, 72 NYS 691. § 115. Warranty; where negotiation by delivery or by a qualified indorsement. Every person negotiating an instrument by delivery...genuine and in all respects what it purports to be ; li. 1909, ch. 43 Liabilities of Parties § 115 3. That all prior parties had capacity to contract... | |
| United States. Congress. Senate. Committee on Banking and Currency - 1956 - 1274 pages
...Corporation of notes or other negotiable instruments Selling Bank expressly warrants that each such instrument is genuine and in all respects what it purports to be ; that it has good title to each such instrument ; that all prior parties hart capacity to contract;... | |
| Comparative law - 1927 - 896 pages
...begründet zu werden, die wie folgt lauten: "§ 115. Warranty where negotiation by delivery, et cetera. Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: I. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good... | |
| Law reports, digests, etc - 1919 - 1826 pages
...warrants to all subsequent holders in due course: (1) That the instrument is genuine; (2) that he has good title to it; (3) that all prior parties had capacity to contract; (4) that the instrument is valid and subsisting; and, in addition, he engages that it will be paid on presentation,... | |
| Law reports, digests, etc - 1924 - 940 pages
...indorsement "without recourse" still leaves the indorser liable as a vendor, with the following warranties that the instrument is genuine and in all respects what it purports to be; that the indorser has a good title to it; that all prior parties had capacity to contract; and that... | |
| New York State Bar Association - Bar associations - 1898 - 404 pages
...Richmond, 59 NY 478.) Section 115, as to warranty where negotiations is by delivery, is as follows: " Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: " i. That the instrument is genuine and in all respects what it purports to be; "2. That he has a good... | |
| Law - 1915 - 876 pages
...66, read as follows: "Every person negotiating an instrument by delivery or by qualified endorsement warrants: 1. That the instrument is genuine and in...That all prior parties had capacity to contract." The particular words on which defendant relies for relief from liability arc, "he will pay the amount... | |
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