Bills and notes. Guaranty and suretyship. Insurance. BankruptcyCree Publishing Company, 1908 |
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Страница 13
... deemed necessary to set forth the custom specifically ; and in that form the precedents continued for some time after . Indeed , the plead- ings continued in that form long after the courts had decided it to be unnecessary . Lord Coke ...
... deemed necessary to set forth the custom specifically ; and in that form the precedents continued for some time after . Indeed , the plead- ings continued in that form long after the courts had decided it to be unnecessary . Lord Coke ...
Страница 32
... deemed an accept- ance . They must be unequivocal , for , if they are equivocal , they will not be deemed an acceptance . " 20 An implied acceptance may result from any ac- tions on the part of the drawee which justify the holder in ...
... deemed an accept- ance . They must be unequivocal , for , if they are equivocal , they will not be deemed an acceptance . " 20 An implied acceptance may result from any ac- tions on the part of the drawee which justify the holder in ...
Страница 39
... deemed an indorser . " A person signing on the back of a bill or note payable to order before the payee is prima facie presumed to be a second indorser , and not liable to the payee ; but this may be rebutted by showing that his ...
... deemed an indorser . " A person signing on the back of a bill or note payable to order before the payee is prima facie presumed to be a second indorser , and not liable to the payee ; but this may be rebutted by showing that his ...
Страница 82
... deemed payable to the order of the administrator or executor of his estate . Where the instrument is payable to order , the payee must be named or otherwise indicated therein with reasonable certainty . [ PAYABLE TO BEARER . ] § 9. The ...
... deemed payable to the order of the administrator or executor of his estate . Where the instrument is payable to order , the payee must be named or otherwise indicated therein with reasonable certainty . [ PAYABLE TO BEARER . ] § 9. The ...
Страница 83
... DEEMED DATE . ] § 11. When the instru- ment or an acceptance or any indorsement thereon is dated , such date is deemed prima facie to be the true date of the making , drawing , acceptance or indorsement , as the case may be ...
... DEEMED DATE . ] § 11. When the instru- ment or an acceptance or any indorsement thereon is dated , such date is deemed prima facie to be the true date of the making , drawing , acceptance or indorsement , as the case may be ...
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Чести термини и фразе
acceptance supra protest acceptor for honor 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 duties 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 98 - 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 27 - A promissory note is defined as " 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, or to the order of, a specified person or to bearer
Страница 93 - 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 89 - 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 283 - 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 107 - 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 336 - Deceased, do make or cause to be made a true and perfect Inventory...
Страница 294 - The trustee may avoid any transfer by the bankrupt of his property which any creditor of such bankrupt might have avoided, and may recover the property so transferred, or its value, from the person to whom it was transferred, unless he was a bona fide holder for value prior to the date of the adjudication.
Страница 88 - 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 247 - ... a schedule of his property, showing the amount and kind of property, the location thereof, its money value in detail, and a list of his creditors, showing their residences, if known (if unknown that fact to be stated...