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
| Samuel Williston - Contracts - 1920 - 1190 pages
...a qualified indorsement. In regard to such instruments the Negotiable Instruments Law provides : s "Every person negotiating an instrument by delivery...3. That all prior parties had capacity to contract; 102 Pac. 1085; Decker v. Adams, 4 Dutch. 511, 513; Wood ». Sheldon, 42 NJL 421, 36 Am. Rep. 523; Koch... | |
| Walter Gould Lincoln - Commercial law - 1920 - 406 pages
...his liability definitely fixed, being chargeable only after presentment and notice of dishonor. 3146. Every person negotiating an instrument by delivery...purports to be; (2) That he has a good title to it; (.'!) That all prior parties had capacity to contract; (4) That he has no knowledge of any fact which... | |
| Alfred William Bays - Bailments - 1920 - 480 pages
...negotiated by mere delivery, that is, without indorsement, there is a warranty as set out below. " (1) That the instrument is genuine and in all respects what it purports to be; (2) That he has good title to it; (3) That all prior parties had capacity to contract; (4) That he has no knowledge... | |
| Samuel Williston - Contracts - 1920 - 1254 pages
...negotiation. Section 65.— [WARRANTY WHERE NEGOTIAT1 DELIVERY, ETC.] Every person negotiating an ins by delivery or by a qualified indorsement, warrants :(1) That the instrument is genuine and in all : what it purports to be ; (2) That he has a good tide to it; (3) That all prior parties had capacity... | |
| Charles Thaddeus Terry - Uniform state laws - 1920 - 708 pages
...App. D. С. 427; In re McCord (1909), 174 Fed. 72; Wilson v. Knowles (1914). 213 Ked. 782. Section 65. Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: (1) That tho instrument is genuine and in all respects what it purports to be; (2) That he has a good title... | |
| Thomas Conyngton - Commercial law - 1920 - 464 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, at the time he indorses it, valid and subsisting. 1 For formt of indorsement, see... | |
| Thomas Bugard Paton - Banking law - 1920 - 236 pages
...indorser from responsibility in case the note is a forgery. By this indorsement, the indorser warrants that the instrument is genuine and in all respects what it purports to be. Vol. 4, p. 434, Jan., 1912. 740. (Okla.) В gave his note to A, which A indorsed to a bank "without... | |
| John James Sullivan - Commercial law - 1920 - 512 pages
...accommodation of the payee, he is liable to all parties subsequent to the payee. 208. Negotiation. — Every person negotiating an instrument by delivery or by a qualified indorsement warrants. 2. That he has a good title to it. 3. That all prior parties had capacity to contract. 4. That he has... | |
| Thomas Conyngton - Commercial law - 1920 - 460 pages
...for the accommodation of the payee he is liable to all parties subsequent to the payee. § 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 good... | |
| Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1920 - 810 pages
...statute actually couples them in the same phrase, and makes exactly the same warranty apply to both. Every person negotiating an instrument "by delivery or by a qualified indorsement," warrants, etc. Whether or not Judge WOLVERTON, in writing the opinion in Carroll v. Nodine, 41 Or. 412 (69 Pac.... | |
| |