The Negotiable Instruments Law Annotated: With References to the English Bills of Exchange Act and with the Cases Under the Negotiable Instruments Law and the Bills of Exchange Act and Comments Thereon
W.H. Anderson, 1911 - 330 pàgines
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The Negotiable Instruments Law Annotated: With References to the English ...
Joseph Doddridge Brannan
Visualització completa - 1911
acceptance acceptor accommodation according action adopted agent alteration American amount apply authority Bank Bills of Exchange blank Brewster charge cited consideration contains contract court criticism decisions defendant delivered delivery demand discharged drawer drawn due course effect English Act evidence express fact fictitious give given Harvard Law Review Held hold holder in due honor indorser intended interest Iowa latter liable maker Mass maturity meaning ment Misc N. Y. Supp necessary Negotiable Instruments Law notice original paid party payable to bearer payee payment person plaintiff presentment principal prior Professor Ames protest provision question reasonable received recover reference regarded rule S. C. sec says seems signature signed Smith statute subsection subsequent supra thereof tion transfer Trust warranty writer York
Pàgina 21 - ... delivery 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.
Pàgina 67 - 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 229 - 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 250 - When a signature is forged or made without the authority of the person whose signature it purports to be it is wholly inoperative, and no right to retain the instrument or to give a discharge therefor or to enforce payment thereof against any party thereto, can be acquired through or under such signature...
Pàgina 207 - A special indorsement specifies the person to whom, or to whose order, the instrument is to be payable; and the indorsement of such indorsee is necessary to the further negotiation of the instrument. An indorsement in blank specifies no indorsee, and an instrument so indorsed is payable to bearer, and may be negotiated by delivery.
Pàgina 85 - There can be but one action for the recovery of any debt, or the enforcement of any right secured by mortgage upon real or personal property, which action must be in accordance with the provisions of this chapter.
Pàgina 275 - 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.
Pàgina 278 - By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the person secondarily liable, or unless the right of recourse against such party is expressly reserved.
Pàgina 150 - A negotiable promissory note within the meaning of this act 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.
Pàgina 197 - 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.