Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61) (Google eBook)

Front Cover
Bell & Bradfute, 1882 - Bills of exchange - 283 pages
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Contents

Inland and foreign bills
31
Effect where different parties to bill are the same person
32
Address to drawee
33
Certainty required as to payee
34
What bills are negotiable
36
Sum payable
38
Bill payable on demand
40
Bill payable at a future time
41
Antedating and postdating
42
Computation of time of payment
44
Case of need
46
Optional stipulations by drawer or indorser
48
Definition and requisites of acceptance
49
Time for acceptance
50
General and qualified acceptances
51
Inchoate instruments
53
Delivery
58
Capacity and Authority of Parties 22 Capacity of parties
63
Section Page 80 Protection to banker and drawer where cheque is crossed 187
81
Holder in due course
83
Presumption of value and good faith Page 68 72
88
7 81 84 Negotiation of Bills 31 Negotiation of bill
95
Eequisites of a valid indorsement 33 Conditional indorsement 34 Indorsement in blank and special indorsement 35 Restrictive indorsement 36 Negoti...
97
General Duties of the Holder 39 When presentment for acceptance is necessary
98
Time for presenting bill payable after sight
100
Rules as to presentment for acceptance and excuses for non presentment
101
Nonacceptance
104
Dishonour by nonacceptance and its consequences
105
Duties as to qualified acceptances
106
Excuses for delay or nonpresentment for payment
111
Dishonour by nonpayment
114
Rules as to notice of dishonour
115
Excuses for nonnotice and delay
120
Noting or protest of bill
121
Duties of holder as regards drawee or acceptor
125
Liabilities of Parties 53 Funds in hands of drawee
126
Liability of acceptor
129
Liability of drawer or indorser
130

Common terms and phrases

Popular passages

Page 190 - 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
Page 54 - 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 authority given and within a reasonable time.
Page 52 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.
Page 81 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 25 - 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 81 - 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 58 - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Page 108 - ... partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm.
Page 36 - A bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it should not be transferable.
Page 102 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.

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