Bills and notes. Guaranty and suretyship. Insurance. BankruptcyCree Publishing Company, 1908 |
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Страница 12
... necessary to examine how far the custom of merchants , of the lex mercatoria , was recognized by the courts of justice , and by what means the common law forms of judicial proceedings were adapted to its principles . " A distinction ...
... necessary to examine how far the custom of merchants , of the lex mercatoria , was recognized by the courts of justice , and by what means the common law forms of judicial proceedings were adapted to its principles . " A distinction ...
Страница 13
... necessary to plead it as a custom between merchants of particular places , viz . , as a custom among the mer- chants residing in London and merchants in Ham- burgh , & c . By degrees , however , the courts began to consider it as a ...
... necessary to plead it as a custom between merchants of particular places , viz . , as a custom among the mer- chants residing in London and merchants in Ham- burgh , & c . By degrees , however , the courts began to consider it as a ...
Страница 18
... necessary to draw them forth into judicial decision . " Another reason perhaps why we see so much tardiness in the courts in admitting the principles of commercial law in practice has been the obstinacy of judicial forms of process ...
... necessary to draw them forth into judicial decision . " Another reason perhaps why we see so much tardiness in the courts in admitting the principles of commercial law in practice has been the obstinacy of judicial forms of process ...
Страница 21
... necessary , but there must be an absolute order to pay . There must be something more than the asking of a favor , or the conferring the authority to make payments if the drawee chooses to do so . * 1 Some other definitions are 88 ...
... necessary , but there must be an absolute order to pay . There must be something more than the asking of a favor , or the conferring the authority to make payments if the drawee chooses to do so . * 1 Some other definitions are 88 ...
Страница 24
... necessary to begin again near the same point of departure and trace the gradual recognition of the transferability of bills of ex- change . Hitherto we have ob- served no traces of a custom to make bills of exchange paya- ble to order ...
... necessary to begin again near the same point of departure and trace the gradual recognition of the transferability of bills of ex- change . Hitherto we have ob- served no traces of a custom to make bills of exchange paya- ble to order ...
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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...