Popular Law Library, Putney...Cree publishing Company, 1908 |
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Страница 16
... application the said common law assumes diverse denominations , yet they are but branches and parts of it ; like as the same ocean , though it many times receives a different name from the province , shire , island or country to which ...
... application the said common law assumes diverse denominations , yet they are but branches and parts of it ; like as the same ocean , though it many times receives a different name from the province , shire , island or country to which ...
Страница 65
... application of the doctrine of estoppel . The material alteration , whether made with fraudulent intent or not , of a negotiable instrument destroys the identity of the contract , and releases any party thereto who does not consent to ...
... application of the doctrine of estoppel . The material alteration , whether made with fraudulent intent or not , of a negotiable instrument destroys the identity of the contract , and releases any party thereto who does not consent to ...
Страница 68
... application , it favors the defendant , for it shows that one acting in good faith will be protected , although the mortgage is , by the literal terms of the statute , invalid . " The other cases cited by the learned counsel for the ...
... application , it favors the defendant , for it shows that one acting in good faith will be protected , although the mortgage is , by the literal terms of the statute , invalid . " The other cases cited by the learned counsel for the ...
Страница 69
... application . Such an assignee stands in the place of his assignor , and is in no better position ; he is put upon inquiry , and is affected by all the rights and equities of the original owner , and , indeed , he must always abide the ...
... application . Such an assignee stands in the place of his assignor , and is in no better position ; he is put upon inquiry , and is affected by all the rights and equities of the original owner , and , indeed , he must always abide the ...
Страница 137
... application , no matter what variety of agreement the surety's con- tract may assume , and it is founded on the soundest principles of justice and public policy . From the practice of the courts in limiting the liability of the surety ...
... application , no matter what variety of agreement the surety's con- tract may assume , and it is founded on the soundest principles of justice and public policy . From the practice of the courts in limiting the liability of the surety ...
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Чести термини и фразе
acceptance for honor acceptance supra protest acceptor adjudged agent amount application assignment bank bankrupt bill of exchange bill or note Bills and Notes bona fide holder bond claim co-sureties common law consideration contract of insurance court of bankruptcy creditor debt deemed default defense delivery discharge dishonored by non-acceptance drawer and indorsers due course equity filed fraud give notice given guarantor guaranty holder for value holder in due instru instrument is payable insurable interest jurisdiction law merchant lex mercatoria maker maturity ment merchants negotiable instrument non-payment notice of dishonor obligation paid paper payable on demand payee person petition plaintiff presentment for acceptance presentment for payment principal debtor proceedings promissory note reasonable referee rule secondarily liable SECTION signature specified statute subrogated subsequent sum certain surety suretyship thereof tion transfer trustee unless valid void Wend
Популарни одломци
Страница 93 - 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.
Страница 88 - 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.
Страница 84 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time. But if any such instrument, after completion, is negotiated to a holder in due course it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authoritjgiven and within a reasonable...
Страница 304 - If a bankrupt shall have given a preference within four months before the filing of a petition, or after the filing of the petition and before the adjudication, and the person receiving it, or to be benefited thereby, or his agent acting therein, shall have had reasonable cause to believe that it was intended thereby to give a preference, it shall be voidable by the trustee, and he may recover the property or its value from such person.
Страница 274 - A discharge in bankruptcy shall release a bankrupt from all of his provable debts, except such as (1) Are due as a tax levied by the United States, the State, county, district, or municipality in which he resides ; (2) Are judgments in actions for frauds, or obtaining property by false pretenses or false representations, or for willful and malicious injuries to the person or property of another...
Страница 102 - When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday.
Страница 22 - 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.
Страница 357 - Deceased, do make or cause to be made a true and perfect Inventory...
Страница 83 - Where an instrument expressed to be payable at a fixed period after date is issued undated, or where the acceptance of an instrument payable at a fixed period after sight is undated, any holder may insert therein the true date of issue or acceptance, and the instrument shall be payable accordingly.
Страница 264 - Acts of bankruptcy by a person shall consist of his having (1) conveyed, transferred, concealed or removed, or permitted to be concealed or removed, any part of his property with intent to hinder, delay or defraud his creditors, or any of them...