A General Act Relative to Negotiable Instruments: (being an Act to Establish a Law Uniform with the Laws of Other States on that Subject), Embodying the General and Most Recently Accepted Principles of the Law of Bills of Exchange, Promissory Notes and Checks
Boston Clearing House, 1898 - 38 pages
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able acceptance for honor acceptor accommodation according agent alteration amount appears apply authority bank bearer behalf bill of exchange blank capacity caused changes complete condition consideration contract corporation deemed defect delay delivered delivery discharged drawer drawn due course duly effect excused expressed facie fact fixed further give notice given hands holder in due indicate indorsement instru instrument is payable issue liable liable thereon maker maturity means ment necessary negotiable instrument non-payment notice of dishonor operate otherwise paid particular party payable on demand payee person place of payment post office presented for acceptance Presentment for payment principal prior parties protested provisions qualified reasonable receive recourse refuse representative residence restrictive rule SECTION sent sight signature signed subsequent sufficient thereon thereto tion transfer unless valid writing written
Page 14 - Where a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party against whom it is sought to enforce such right is precluded from setting up the forgery or want of authority.
Page 18 - The title of a person who negotiates an instrument is defective within the meaning of this act when he obtained the instrument, or any signature thereto, by fraud, duress, or force and fear, or other unlawful means, or for an illegal consideration, or when he negotiates it in breach of faith, or under such circumstances as amount to a fraud.
Page 15 - 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.
Page 29 - The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say, in case the bill is dishonored by non-acceptance or nonpayment. Such person is called the referee in case of need.
Page 15 - The indorsement must be an indorsement of the entire instrument. An indorsement, which purports to transfer to the indorsee a part only of the amount payable, or which purports to transfer the instrument to two or more indorsees severally, does not operate as a negotiation of the instrument. But where the instrument has been paid in part, it may be indorsed as to the residue.
Page 15 - An instrument is negotiated when it is transferred from one person to another in such manner as to constitute the transferee the holder thereof. If payable to bearer it is negotiated by delivery ; if payable to order it is negotiated by the indorsement of the holder completed by delivery.
Page 26 - 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. Where the indorser is the person to whom the instrument is presented for payment; 3. Where the instrument was made or accepted for his accommodation.
Page 18 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.