American Law and Procedure, Volume 7James Parker Hall, James De Witt Andrews La Salle Extension University, 1910 |
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Other editions - View all
Common terms and phrases
acceptance agent amount authority bearer instrument benefit bill of exchange bill or note blank bond bound co-sureties condition consideration constructive notice contract court held creditor creditor's right defendant delivered delivery deposit discharged dorsement drawer and indorsers due course enforce entitled equity example fact faith give notice given guarantor guaranty H. L. Smith holder in due innocent purchaser insolvent Inst instru instrument payable Insurance Co insured intended law merchant loss maker or acceptor maker or drawer maturity ment N. I. L. says negotiable instrument note payable notice of dishonor obligation paper parties pay the debt payable to bearer payable to order payee person plaintiff presentment for payment principal debtor promise to pay promissory note reason recover Rowlestone rule signature signed special indorsement statute of frauds strument subrogation surety surety's suretyship thereon tion transferor valid void warranty
Popular passages
Page 371 - This Company shall not be liable for a greater proportion of any loss than the amount hereby insured shall bear to the whole insurance covering the property against the peril involved, whether collectible or not.
Page 101 - 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.
Page 48 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed 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.
Page 48 - 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 determined future time, a sum certain- in money to order, or to bearer.
Page 158 - A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Page 308 - ... if any change other than by the death of an insured, take place in the interest, title or possession of the subject of insurance (except change of occupants without increase of hazard) whether by legal process or judgment or by voluntary act of the insured, or otherwise...
Page 108 - Where the holder has a lien on the instrument, arising either from contract or by implication of law, he is deemed a holder for value to the extent of his lien.
Page 37 - Where the instrument is payable to order the payee must be named or otherwise indicated therein with reasonable certainty.
Page 121 - ... 3. If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee.
Page 163 - Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers. But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor.