The Law of Bills, Notes, and Cheques |
From inside the book
Page x
... Demand Distinguished : Mode of the Steps . 105 2. Place of Presentment • 108 3. Time of Presentment • 113 • 4. Presentment , by whom . 5. Presentment , to whom . 123 • 126 CHAPTER X. INDORSER'S CONTRACT CONTINUED : DISHONOR · · § CONTENTS .
... Demand Distinguished : Mode of the Steps . 105 2. Place of Presentment • 108 3. Time of Presentment • 113 • 4. Presentment , by whom . 5. Presentment , to whom . 123 • 126 CHAPTER X. INDORSER'S CONTRACT CONTINUED : DISHONOR · · § CONTENTS .
Page 9
... demand , in ease of providing payment . It arose before the age of steam , What grace arose : abol- ished by the Statute . when communication was slow and often difficult . is and how it It is said to have been a mere matter of ...
... demand , in ease of providing payment . It arose before the age of steam , What grace arose : abol- ished by the Statute . when communication was slow and often difficult . is and how it It is said to have been a mere matter of ...
Page 11
... demand ( otherwise as in the case of a note or bill ) . Draft ' is a term of convenience , signifying either a bill of exchange or a cheque , but more commonly the former . Bills of exchange and cheques are foreign or inland ; those ...
... demand ( otherwise as in the case of a note or bill ) . Draft ' is a term of convenience , signifying either a bill of exchange or a cheque , but more commonly the former . Bills of exchange and cheques are foreign or inland ; those ...
Page 17
... demand of payment is authorized ; its maturity is past , and the contract is overdue , v . Schaeffer , 173 Mass . 443 ; Hall v . First National Bank , id . 16 ; Heist v . Hart , 73 Penn . St. 286 , 289 ; Henshaw v . Dutton , 59 Mo. 139 ...
... demand of payment is authorized ; its maturity is past , and the contract is overdue , v . Schaeffer , 173 Mass . 443 ; Hall v . First National Bank , id . 16 ; Heist v . Hart , 73 Penn . St. 286 , 289 ; Henshaw v . Dutton , 59 Mo. 139 ...
Page 18
... demand , in terms , in legal effect , or by statute , is due , or at maturity , from the moment of delivery , that is , without grace , and is overdue after known demand , or after the lapse of a reasonable time , or as statute may ...
... demand , in terms , in legal effect , or by statute , is due , or at maturity , from the moment of delivery , that is , without grace , and is overdue after known demand , or after the lapse of a reasonable time , or as statute may ...
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Common terms and phrases
accommodation agent Allen alteration authority Bank of United bearer bill of exchange bona fide holder cheque common law constructive notice contract courts creditor custom debt deemed defendant is indorser defendant's delivery demand discharged doctrine drawer due course equities estoppel evidence example excuse fact favor fixed foreign bill fraud give notice given Gratt guaranty holder for value holder in due honor indorser's inland bill instru instrument is payable Iowa law merchant liability maker or acceptor Mass maturity ment National Bank necessary negligence negotiable instrument notary notice of dishonor notifying Ohio St paper payable payee Penn person place of business post-office presented for payment presentment for acceptance presumptively promise to pay promissory note protest reasonable diligence received regard residence rule signature signed Statute Statute of Frauds supra surety suretyship Tenn tion treated unless unwritten law waiver warranty Wend words
Popular passages
Page 293 - An accommodation party is one who has signed the instrument as maker, drawer, acceptor or indorser, without receiving value therefor, and for the purpose of lending his name to some other person. Such a person is liable on the instrument to a holder for value, notwithstanding such holder at the time of taking the instrument knew him to be only an accommodation party.
Page 287 - An unqualified order or promise to pay is unconditional within the meaning of this act, though coupled with — 1. An indication of a particular fund out of which reimbursement is to be made, or a particular account to be debited with the amount; or 2. A statement of the transaction which gives rise to the instrument.
Page 313 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.
Page 296 - A holder in due course is a holder who has taken the instrument under the following conditions : — 1. That it is complete and regular upon its face ; 2. That he became the holder of it before it was overdue, and without notice that it had been previously dishonored, if such was the fact; 3. That he took it in good faith and for value; 4. 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.
Page 297 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.
Page 298 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 286 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3.
Page 288 - Does not specify the place where it is drawn or the place where it is payable; or 5.
Page 318 - A (negotiable) promissory note is 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 order or to bearer.
Page 298 - The acceptor by accepting the instrument engages that he will pay it according to the tenor of his acceptance ; and admits — 1. The existence of the drawer, the genuineness of his signature, and his capacity and authority to draw the instrument; and 2. The existence of the payee and his then capacity to indorse.