A Treatise on the Law of Bills of Exchange, Promissory Notes, Bank-notes and ChequesSweet & Maxwell, limited, 1899 - 582 σελίδες |
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Σελίδα xxii
... Holder in due course . • Pre - existing Debt Fluctuating Balance . Debt of a Third Person A Judgment Debt Compromise ... Holder for Value 144 Failure of Consideration 154 Distinction between Holder Notice of Absence of Con- with Notice ...
... Holder in due course . • Pre - existing Debt Fluctuating Balance . Debt of a Third Person A Judgment Debt Compromise ... Holder for Value 144 Failure of Consideration 154 Distinction between Holder Notice of Absence of Con- with Notice ...
Σελίδα xxxiii
... Holder has proved , no further Proof 464 457 • 457 • Fraudulent Preference prior to 1869 . • Under Act of 1869 PROTECTED AND VOID DEALINGS UNDER ACT OF 1883 Available Act of Bank- ruptcy • What amounts to Notice of Act of Bankruptcy ...
... Holder has proved , no further Proof 464 457 • 457 • Fraudulent Preference prior to 1869 . • Under Act of 1869 PROTECTED AND VOID DEALINGS UNDER ACT OF 1883 Available Act of Bank- ruptcy • What amounts to Notice of Act of Bankruptcy ...
Σελίδα xxxiv
... Holder's Right to Securities deposited with Acceptor . 475 Holder's Right to Funds deposited with a Third Person . 475 Holder's Right to Acceptor's Guarantee REPUTED OWNERSHIP CLAUSE Dormant Partner's Share not within • • PAGE • 476 476 ...
... Holder's Right to Securities deposited with Acceptor . 475 Holder's Right to Funds deposited with a Third Person . 475 Holder's Right to Acceptor's Guarantee REPUTED OWNERSHIP CLAUSE Dormant Partner's Share not within • • PAGE • 476 476 ...
Σελίδα 2
... holder is prima facie a holder in due course ( i ) . No one but the holder can maintain au action in his own name on a bill of exchange or promissory note ( k ) . ( d ) Code , s . 9 ( 1 ) . Where in a bill drawer and drawee are the same ...
... holder is prima facie a holder in due course ( i ) . No one but the holder can maintain au action in his own name on a bill of exchange or promissory note ( k ) . ( d ) Code , s . 9 ( 1 ) . Where in a bill drawer and drawee are the same ...
Σελίδα 19
... holder may indirectly recover from the bank , namely , when the bank fails , and the holder has com- mitted laches in presentment , in which case he proves for the amount , and not the drawer . Code , s . 74 ( 1 ) . And secondly , when ...
... holder may indirectly recover from the bank , namely , when the bank fails , and the holder has com- mitted laches in presentment , in which case he proves for the amount , and not the drawer . Code , s . 74 ( 1 ) . And secondly , when ...
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Συχνά εμφανιζόμενοι όροι και φράσεις
6th American edition acceptance acceptance supra protest acceptor accommodation bill action agent agreement amount authority bank notes Bank of England banker Bayley bill drawn bill of exchange bill or note bill payable bills and notes Bing Byles on Bills Camp Chan CHAPTER cheque choses in action Code common law consideration contract Court creditor debt debtor defendant delivery discharged drawer due course duty East evidence Exch executor firm foreign bill fraud given held holder for value holder in due honour illegal indorsement instrument Jones liable London Lord Ellenborough maker ment negotiable negotiable instrument note payable notice of dishonour paid partner partnership party payable on demand payable to bearer payee payment plaintiff presentment principal promise to pay promissory note recover repealed Sect signature Smith Stamp Act Stark statute Stra Taunt tion transfer United Kingdom unless Vict void
Δημοφιλή αποσπάσματα
Σελίδα 516 - A promissory note is defined as " an unconditional promise in writing, made by one person to another, signed by the maker, engaging 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 404 - The civil practice act also provides under section 209 that all persons may be joined in one action as plaintiffs in whom any right to relief in respect of or arising out of the same transaction or series of transactions is alleged to exist whether jointly, severally or in the alternative, where if such persons brought separate actions any common question of law or fact would arise...
Σελίδα 503 - Where the instrument is not payable on demand, presentment must be made on the day it falls due. Where it is payable on demand, presentment must be made within a reasonable time after its issue, except that in the case of a bill of exchange, presentment for payment will be sufficient if made within a reasonable time after the last negotiation thereof.
Σελίδα 498 - 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.
Σελίδα 505 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
Σελίδα 513 - Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.
Σελίδα 493 - A bill may be made payable to two or more payees jointly, or it may be made payable in the alternative to one of two, or one or some of several payees. A bill may also be made payable to the holder of an office for the time being. (3). Where the payee is a fictitious or non-existing person the bill may be treated as payable to bearer.
Σελίδα 498 - ... no right to retain the bill or to give a discharge therefor or to enforce payment thereof against any party thereto can be acquired through or under that signature, unless the party against whom it is sought to retain or enforce payment of the bill is precluded from setting up the forgery or want of authority : Provided that nothing in this section shall affect the ratification of an unauthorized signature not amounting to a forgery.
Σελίδα 506 - Where a foreign bill appearing on its face to be such is dishonored by non-acceptance, it must be duly protested for non-acceptance, and where such a bill which has not previously been dishonored by non-acceptance is dishonored by non-payment, it must be duly protested for non-payment. If it is not so protested, the drawer and indorsers are discharged. Where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary.
Σελίδα 505 - Where notice is given by or on behalf of the holder, it enures for the benefit of all subsequent holders and all prior parties who have a right of recourse against the party to whom it is given.