A Treatise on the Law of Bills of Exchange and Promissory Notes

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Loring Andrews, 1800 - 288 σελίδες
 

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Σελίδα 207 - ... whatsoever, won by gaming or playing at cards, dice, tables, tennis, bowls, or other game or games...
Σελίδα 208 - ... that all bonds, contracts, and assurances whatsoever, made after the time aforesaid, for payment of any principal, or money to be lent or covenanted to be performed upon or for any usury, whereupon or whereby there shall be reserved or taken above the rate of five pounds in the hundred, as aforesaid, shall be utterly void...
Σελίδα 208 - ... bankrupt at the time of his becoming bankrupt, or any part thereof, between the time of his becoming bankrupt and such bankrupt's discharge, as a consideration or to the intent to persuade him, her or them to consent to or sign any such allowance or certificate, should be wholly void and of no effect, and the monies there secured or agreed to be paid should not be recovered or recoverable...
Σελίδα 49 - ... thought to be a great encouragement to litigioufnefs, if a man were allowed to make over to a ftranger his right of going to law. But this nicety is now difregarded : though, in compliance with the antient principle, the form of affigning a...
Σελίδα 144 - ... be made for non-acceptance thereof; and within fourteen days after such protest the same be sent, or otherwise notice thereof be given to the party from whom such bill was received or left in writing at the place of his or her usual abode ; and if such bill be accepted and not paid before the expiration of three days after the said bill...
Σελίδα 128 - ... in his hands, I think notice to the drawer is not necessary; for he must know whether he had effects in the hands of the drawee or not ; and if he had none, he had no right to draw upon him, and to expect payment from him; nor can he be injured by the non-payment of the bill, or the want of notice that it has been dishonoured.
Σελίδα 205 - Dunkirk, together with his partner, a native of that place, sold and delivered a quantity of tea, for the price of which the action was brought, to the order of the defendant, knowing it was intended to be smuggled by him into England ; they had, however, no concern in the smuggling scheme itself, but merely sold this tea to him, as they would have done to any other person in the common and ordinary course of their trade.
Σελίδα 127 - The law requires notice to be given, for this reason, because it is presumed that the bill is drawn on account of the drawee's having effects of the drawer in his hands; and if the latter has notice that the bill is not accepted, or not paid, he may withdraw them immediately. But if he has no effects in the other's hands, then he cannot be injured for want of notice.
Σελίδα 23 - ... shall be pleaded or given in evidence in any Court, or admitted in any Court to be good, useful or available in law or equity...
Σελίδα 169 - The indorsee does not trust to the credit of the original drawer : he does not know whether such a person exists or where he lives, or whether his name may have been forged. The indorser is his drawer, and the person to whom he originally trusted, in case the drawee should not pay the money.

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