A Treatise on the Law of Commercial Paper: Containing a Full Statement of Existing American and Foreign Statutes, Together with the Text of the Commercial Codes of Great Britain, France, Germany and Spain, Τόμος 2F. D. Linn & Company, 1888 |
Άλλες εκδόσεις - Προβολή όλων
Συχνά εμφανιζόμενοι όροι και φράσεις
acceptance acceptor accommodation action afterward agent agreement Allen amount Argentine Republic 1862 assignment Barb bill of exchange bill or note Bing blank indorsement bona fide holder bona fide purchaser bond Branch Bank Brown Byles Campb Chitty Clark co-surety Code Napoleon collateral commercial paper Conn contract Costa Rica creditor Daniel Davis debt debtor defense delivery discharge the surety discount drawee drawer Edwards Exch failure of consideration fraud Gratt Gray guarantor guaranty held holder for value illegal insolvent Iowa Jones Kans Law Art law merchant liable Lower Canada maker Mass maturity ment Metc negotiable note given notice Ohio St original paid parol evidence Parsons parties payee payee's payment Penna pledgee principal promise purchaser recover Republic 1862 Code Smith statute Statute of Frauds Story on Bills Story on Prom subsequent sufficient consideration suit supra surety tion transfer Uruguay usury valid void Wend
Δημοφιλή αποσπάσματα
Σελίδα 517 - The promise thus made was a promise " to answer for the payment of some debt, or the performance of some duty, in case of the failure of another person who is himself, in the first instance, liable to such payment or performance.
Σελίδα 279 - By the law merchant of this country the certificate of the bank that a check is good is equivalent to acceptance. It implies that the check is drawn upon sufficient funds in the hands of the drawee, that they have been set apart for its satisfaction, and that they shall be so applied whenever the check is presented for payment. It is an undertaking that the check is good then and shall continue good, and this agreement is as binding on the bank as its notes of circulation, a certificate of deposit...
Σελίδα 31 - Our conclusion, therefore, is that the transfer, before maturity, of negotiable paper, as security for an antecedent debt merely, without other circumstances, if the paper be so indorsed that the holder becomes a party to the instrument, although the transfer is without express agreement by the creditor for indulgence...
Σελίδα 24 - State that the surrender by a creditor of the past due notes of a debtor, upon receiving from him. in good faith, before maturity, the note of a third person, in place of the note surrendered, constitutes the creditor a holder for value of the note thus taken, and protects him against the defenses and equities of the antecedent parties, and that it is immaterial whether the note surrendered was given to the creditor for goods sold, or money loaned, or under circumstances which would leave the original...
Σελίδα 289 - Such a power of certifying is, in fact, a power to pledge the credit of the bank to its customers ; a power which, by the constitution of a bank, can alone be exercised by its president and directors, unless specially delegated by them ; and consequently, it cannot be implied as a resulting duty or authority in any individual officer.
Σελίδα 666 - Now a surety, as we understand it, is a person who, being liable to pay a debt or perform an obligation, is entitled, if it is enforced against him, to be indemnified by some other person, who ought himself to have made payment or performed before the surety was compelled to do so.
Σελίδα 683 - It was held to be a question for the jury whether the owner had reason to believe that the car would be used upon the public highway in the necessary performance of the work requested. i-
Σελίδα 339 - ... with intent to incur the liability of a party who warrants payment of the instrument, provided it is duly presented to the principal at maturity, and is not paid by him, and such fact is duly notified to the indorser.
Σελίδα 544 - ... deemed invalid to support an action, suit or other proceeding to charge the person by whom such promise shall have been made, by reason only that the consideration for such promise does not appear in writing, or by necessary inference from a written document.
Σελίδα 29 - ... but it is conceived that in general a pre-existing debt due to the transferee of a bill entitles him to all the rights of a holder for value.