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acceptance action allowed amended amount appeal application appointed appropriated Approved March auditor authorized bill bonds buildings cause certificate CHAPTER charge clerk collected commissioners Compiled construction CONTENTS copy corporation costs county commissioners deemed defendant determine directed district court dollars drawer duty effect election enacted entitled expenses filed five fixed force funds give given grant hereby hereby repealed holder hundred improvements indorsement institutions instruction interest issue judge judgment lands Legislative Assembly less levy liable manner ment Mexico necessary negotiable notice owner paid party passage payable payment person plaintiff presentment printing proceedings proper reasonable receive record residence respective road salary secretary Section superintendent supreme court taken term territorial engineer thereof thousand tion town treasurer unless writ of error
Σελίδα 173 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Σελίδα 165 - On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Σελίδα 148 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Σελίδα 191 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Σελίδα 169 - When a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.
Σελίδα 190 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Σελίδα 181 - ... 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation ; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Σελίδα 187 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence.
Σελίδα 186 - The protest must be annexed to the bill, or must contain a copy thereof, and must be under the hand and seal of the notary making it, and must specify — 1. The time and place of presentment ; 2. The fact that presentment was made and the manner thereof ; 3. The cause or reason for protesting the bill ; 4. The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.