Bills, Notes and Cheques: The Bills of Exchange Act, 1890, Canada, and the Amending Act of 1891, with Notes and Illustrations from Canadian, English and American Decisions, and References to Ancient and Modern French Law

Εξώφυλλο
Carswell Company (Limited), 1892 - 568 σελίδες
 

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Περιεχόμενα

Bill payable on demandno days of grace
10
Bill payable at a future time certain to happen
11
Omission of datefilling upwrong date
12
Date presumed to be correctantedatingpostdating
13
Computation of time of paymentdays of graceholidays Payable at or after sightat a month or months
14
Referee in case of needresort to him optional Liabilities may be negatived or limited or duties waived
15
PART I
21
2
27
Requisites of acceptance
67
Time for acceptancebefore completionif overdue
75
19
86
5
90
General and qualified acceptances Examples of qualified acceptances
114
Contract not complete until delivery Requisites as to deliverypresumption
119
CAPACITY AND AUTHORITY OF PARTIES
124
Signature essential to liability Assumed namefirm signature
138
Forged or unauthorized signature Payment of cheque on forged indorsement
147
Procuration signatureswhen principal bound
153
26
155
Signing as agent or in representative capacity Officers of corporations
159
THE CONSIDERATION FOR A Bill 27
166
Valuable considerationantecedent debt Failure of consideration
167
28
168
Accommodation party to a bill
183
Holder in due course defined Defects of title fraud duress
186
NEGOTIATION OF BILLS
206
SECTIONS Page 31 Transfer without indorsement
209
Requisites of a valid indorsementallonge
211
Negotiation of billsto bearerto order PAGE
212
Order of indorsements
216
Conditional indorsements not binding
217
Indorsement in blankspecial indorsement
219
Restrictive indorsementrights under
222
When negotiable bill ceases to be so
225
Negotiation of bill to party already liable
231
Rights of holderaction on bill_holder in due course
232
GENERAL DUTIES OF THE HOLDER 39 When presentment for acceptance is necessary
240
Presentment of bill payable at or after sight
243
60
246
Excuses for nonpresentment
249
Drawee allowed two days to decide as to acceptance
250
64
251
Qualified acceptanceholder may refuse
253
Presentment for paymenteffect of not presenting
254
Rules as to presentmenttimeperson
255
Proper place for presentment
258
Excuse for delay in presentment
263
Presentment for payment dispensed with
264
Dishonor by nonpayment
267
69
269
Notice of dishonor and effect of nonnotice
270
Rules as to notice of dishonor
273
Delay in notice of dishonor excused
290
Notice of dishonor dispensed with
292
Noting or protest of inland billnecessary in Quebec
297
Dishonored foreign bill must be protested
299
SECTIONS PAGE DISCHARGE OF BILL
331
Discharge by payment in due course
332
Prescription or Statute of Limitations
341
85
342
Payment by drawer or indorser not discharge
349
Acceptor the holder at maturityconfusion
352
Waiver by holder as against acceptor a discharge
353
Holder may discharge any party to bill
355
87
357
Discharge by cancellation of bill
359
Erroneous cancellation not a discharge
360
Material alteration discharges bill
361
ACCEPTANCE AND PAYMENT FOR HONOR
366
Acceptance for honor supra protest
368
Liability of acceptor for honor
369
Presentment to acceptor for honor
370
Payment for honoract of honor
371
Lost INSTRUMENTS 68 Holders right to duplicate of lost bill
374
90
375
BILL IN A SET 70 Rules as to bills in a setparts
377
CONFLICT OF Laws
379
Rules where laws contlict
380
94
383
PART III
394
Cheque definedProvisions as to demand bill apply
395
Presentment of cheque for payment
401
Duty and authority of bank to payrevocation
403
CROSSED CHEQUES
405
Crossing definedgeneral
407
By whom cheque may be crossed or uncrossed
408
The crossing a material part of cheque
409
Crossing cheque a protection to bank and drawer
410
Holder takiny not negotiable cheque
411
Protection to bank collecting crossed cheque
412
Delivery necessary to complete note
423
Liability of makerestoppel 403
430
Computation of timenon business days
438
97
444
OTHER NEGOTIABLE INSTRUMENTS
454
FIRST SCHEDULE
460
SECOND SCHEDULE
468
ADDITIONAL ForusBillsCHEQUESNOTES
469
Cheques
486
99
496
114
509
116
514
131
517
138
527
142
546
145
555
146
560
153
561
Stranger signing bill liable as indorser 319
563
Measure of damages on dishonored bill 324
564
203
565
206
568

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Δημοφιλή αποσπάσματα

Σελίδα 208 - Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof. "Indorsement" means an indorsement completed by delivery.
Σελίδα 169 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Σελίδα 35 - 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 123 - ... 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 415 - 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.
Σελίδα 192 - 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 133 - ... on behalf of the Company, by any agent, officer or servant of the Company, in general accordance with his powers as such under the by-laws of the...
Σελίδα 245 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment on the day that it falls due, the delay caused by presenting the bill for acceptance before presenting it for payment is excused, and does not discharge the drawers and indorsers.
Σελίδα 280 - A written notice need not be signed and an insufficient written notice may be supplemented and validated by verbal communication. A misdescription of the instrument does not vitiate the notice unless the party to whom the notice is given is in fact misled thereby.
Σελίδα 182 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.

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