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Lectures on Business Law and the Negotiable Instruments Law (Classic Reprint)
Previsualització no disponible - 2015
acceptance accommodation actually agent agreed agreement allowed amount ANSWER authority bank Bankruptcy Bill of Lading binding bound buyer called carrier certificate charge claim common consideration contract corporation Court creditor deal debt debtor defence delivered demand difference discharge draft drawer due course effect Exchange express fact fraud give given hand held hold holder holder in due horse important indorsement interest issued kind liable maker Massachusetts matter maturity means ment negotiable Negotiable Instruments notice obligation offer original paid party passed payable payee payment person presentment principal promise protest purchaser QUESTION reasonable receipt received regard require rule sell seller signature simply sometimes sort Statute suppose thing third transfer trustee unless writing written York
Pàgina 3 - 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.
Pàgina 7 - The instrument is payable to bearer — 1. When it is expressed to be so payable; or 2. When it is payable to a person named therein or bearer; or 3. When it is payable to the order of a fictitious or nonexisting person, and such fact was known to the person making it so payable; or 4.
Pàgina 6 - But nothing in this section shall alter or repeal any statute requiring in certain cases the nature of the consideration to be stated in the instrument.
Pàgina 2 - Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day.
Pàgina 7 - A negotiable instrument is discharged : 1. By payment in due course by or on behalf of the principal debtor ; 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When...
Pàgina 5 - A bill must be protested at the place where it is dishonored, except that when a bill drawn payable at the place of business or residence of some person other than the drawee, has been dishonored by non-acceptance, it must be protested for nonpayment at the place where it is expressed to be payable; and no further presentment for payment to, or demand on, the drawee is necessary.
Pàgina 4 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Pàgina 5 - ... presentment must be made to them all, unless one has authority to accept or refuse acceptance for all, in which case presentment may be made to him only; (2) Where the drawee is dead, presentment may be made to his personal representative...
Pàgina 2 - 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.