A Synopsis of the Bills of Exchange Acts of England and Wales: And the Colonies of Victoria, New South Wales, South Australia, Queensland, Western Australia, Tasmania and New Zealand

Εξώφυλλο
McCarren, Bird, 1892 - 80 σελίδες
 

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Σελίδα 5 - Perhaps the best definition of a bill of exchange yet conceived is that in the English Bills of Exchange Act, of 1882, which says: "A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to, or to the order of a specified person, or to bearer.
Σελίδα 18 - That at the time it was negotiated to him he had no notice of any infirmity in the instrument or defect in the title of the person negotiating it.
Σελίδα 28 - Delay in Giving Notice — How Excused Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
Σελίδα 15 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Σελίδα 17 - 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.
Σελίδα 18 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress or force and fear or other unlawful means, or for an illegal consideration or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Σελίδα 19 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Σελίδα 26 - A bill is dishonored by non-acceptance: 1. When it is duly presented for acceptance, and such an acceptance as is prescribed by this act is refused or cannot be obtained; or 2. When presentment for acceptance is excused, and the bill is not
Σελίδα 15 - ... the delivery may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Σελίδα 19 - A bill is negotiated when it is transferred from one person to another in such a manner as to constitute the transferee the holder of the bill.

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