 | Samuel Williston - 1920 - 1164 pàgines
...64 NE 54; Greenfield Bank ». Stowell, 123 Mass. 196, 25 Am. Rep. 67. " Sec. 14. See supra, § 1141. course, such holder may avail himself of the bill...may enforce payment of it according to its original tenour." And the substance of this proviso has been adopted in Sec. 124 of the Negotiable Instruments... | |
 | Samuel Williston - 1920 - 1156 pàgines
...Pac. 194 (mortgage). "The English Bills of Exchange Act, § 65 (1) contains the following proviso: "Provided that where a bill has been materially altered,...apparent, and the bill is in the hands of a holder in due li How far the rule is also subject to an exception if the alteration consisted in filling in a... | |
 | Sidney Lovell Phipson - 1921 - 870 pàgines
...bill has been materially altered, but the alteration is not apparent (Leeds Bank v. Walker, 11 QBD 84) and the bill is in the hands of a holder in due course,...enforce payment of it according to its original tenor. (2) In particular, the following alterations are material — viz., any alteration of the date, the... | |
 | Benjamin Russell - 1921 - 644 pàgines
...assented to the alteration, and subsequent indorsers; but if the alteration is not apparent and the cheque is in the hands of a holder in due course, such holder may avail himself of the cheque as if the crossing had not been altered, and may enforce payment of it according to its original... | |
 | Ernest Washington Chance - 1922 - 622 pàgines
...tci acceptor fur honour. Payment for honour Buprft protest. Provided that — Where a bill has \>een materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, Biich holder may avail himself of the bill as if it had not been altered, and may enforce... | |
 | Henry Roscoe, James Sands Henderson - 1922 - 812 pàgines
...party who has himself made, authorized, or assented to the alteration, and subsequent indorsers. " Provided that, " Where a bill has been materially...altered, but the alteration is not apparent, and the bill ie in the bands of a bolder in dne conree, «och holder may avail himself of the bill as if it had... | |
 | Alured Nathaniel Myddelton Wilshere, John Indermaur, Alured Myddelton Wilshere - 1922 - 742 pàgines
...party who has himself made, authorised, or assented to the alteration and subsequent indorsers. But, where a bill has been materially altered, but the alteration is not apparent, a holder in due course may enforce payment of it according to its original tenor. In particular the... | |
 | Lancelot Feilding Everest, Edmund Strode - 1923 - 520 pàgines
...party who has himself made, authorised, or assented to the alteration, and subsequent indorsers (?•). Provided that, where a bill has been materially altered,...may enforce payment of it according to its original tenour, It seems that an alteration of the marginal figures in a bill would not be a material alteration... | |
 | John Barnard Byles, Walter John Barnard Byles - 1923 - 532 pàgines
...made or who assented to the alteration. Now, under the proviso to s. 64, a holder for value may, when a bill has been materially altered, but the alteration is not apparent, avail (o) Davidson v. Cooper (1844), 13 M. & W. 343; Bank of Hindostan v. Smith (1867), 36 LJCP 241.... | |
 | 1935 - 190 pàgines
...endorsers. If the alteration has been made but is not apparent, and the bill is in the hands of the holder in due course, such holder may avail himself of the bill as if it had ' ¡factlonald v. Whitfleid [1883]. » Percival v. Frampton [1835]. «Tatam v. Haslar [1889], 23 QBD... | |
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Provided that, where a bill has been materially altered, but the alteration is not apparent, and the bill is in the hands of a holder in due course, such holder may avail himself of the bill as if it had not been altered, and may enforce payment of it... 
