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
| John Jay Crawford - Negotiable instruments - 1908 - 276 pages
...indorser to Bank of X and not to B. § 115. Warranty where negotiation by delivery, et cetera. — Every person negotiating an instrument by delivery or by a qualified indorsement, warrants (a) : 1. That the instrument is genuine (&) and in all respects what it purports to be (c) ; 2. That... | |
| Harry Clark Bentley - Corporation law - 1908 - 534 pages
...without recourse," unless otherwise expressly stated, the transferrer is held to warrant, — "(i) That the instrument is genuine and in all respects what it purports to be.21 "(2) That he has a good title to it.22 "(3) That all prior parties have the capacity to contract.23... | |
| John James MacLaren - Bills of exchange - 1909 - 658 pages
...all parties subsequent to the payee. 115. Warranty- -where negotiation by delivery, et cetera. — Every person negotiating an instrument by delivery...qualified indorsement, warrants : 1. That the instrument ie genuine and in all respects what it purports to be ; 2. That he has a good title to it; 4. That... | |
| Fred William Weitzel - Bank deposits - 1910 - 156 pages
...transfers a negotiable instrument by endorsement or by delivery, he warrants to the one he transfers to. "That the instrument is genuine and in all respects what it purports to be; that he has good title to it ; that all prior parties had capacity to contract ; and that he has no... | |
| James Parker Hall, James De Witt Andrews - Law - 1910 - 484 pages
...three of the next preceding section. § 137. Warranty of genuineness. The warranty of the transferor that "the instrument is genuine and in all respects what it purports to be" makes him responsible to his transferee, if the instrument is forged, or void by statute, or for any... | |
| James Parker Hall, James De Witt Andrews - Law - 1910 - 484 pages
...three of the next preceding section. § 137. Warranty of genuineness. The warranty of the transferor that "the instrument is genuine and in all respects what it purports to be" makes him responsible to his transferee, if the instrument is forged, or void by statute, or for any... | |
| Ernest Wilson Huffcut - Negotiable instruments - 1910 - 914 pages
...Chalmers, pp. 189-190. ' § 115. Warranty where negotiation by delivery or by a qualified indorsement. Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: I2 1. That the instrument is genuine and in all respects what it purports to be; v <!. That he has... | |
| Samuel Williston - Commercial law - 1911 - 322 pages
...property. Every person negotiating an instrument, either by delivery or by qualified indorsement, warrants that the instrument is genuine and in all respects what it purports to be; that the negotiator has good title to it; that all prior parties had capacity to contract; that the... | |
| Samuel Williston - Commercial law - 1911 - 326 pages
...property. Every person negotiating an instrument, either by delivery or by qualified indorsement, warrants that the instrument is genuine and in all respects what it purports to be; that the negotiator has good title to it; that all prior parties had capacity to contract ; that the... | |
| Joseph Doddridge Brannan - Bills of exchange - 1911 - 372 pages
...Section 64 now is, Professor Ames' substitute would have been even better. Sections 65 and 66: " Sec. 65. 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... | |
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