A Treatise on the Law of Bills of Exchange, Promissory-notes, Bank-notes, Bankers' Notes, and Checks on Bankers, in Scotland: Including the Latest English Decisions and Authorities Applicable to the Law of Scotland

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A. & C. Black, 1836 - Bills of exchange - 861 pages
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Contents

Requisites in the form and constitution
26
On foreign bills
29
Grierson
37
Subscription
43
Aberdeen Brewing Company v Gray
45
Monro
47
Jobnstone 703
49
MFie 501
50
Kay 410 550
51
M Donald 52 55455
52
Dale
60
His Majestys Advocate 98
65
Place of making
69
Conjunct and several obligations
75
Blank in
81
Bontine 704
83
Lamont 90 91 660
90
Value in account
92
Stead and Sons
93
Boyd
97
Lost or stolen notes
106
Barrie
107
Watt 400 574
113
Allan and Co 297
114
Ailken 288
116
Cowan and Co
119
Cullen 45 175 338
121
MLean T Morrison 186
122
Grants Creditors 653
135
Batchins y Orr 40240 503
138
Carron Company v Muirhead 24
140
Bell and Maxwell 756
145
Marshall 318
148
Connell 15155
151
Grays Creditors v Grant
157
Section IIIDelivery of bills and notes when
159
Binning 654
164
How far alterations can be made
179
Dinwoodie 565
180
Bell 70260
181
Section VPeculiarities of checks on bankers
191
Sank notes
195
CHAPTER VIII
197
Bell t Geikie 97
198
Burgess 97
204
Niddrick
205
Clegg 708
217
In what manner or under what cha
218
Cranstoun 5367
219
Watson 26781
227
Bryson
237
Muir and Co 274
242
Fleming
248
CHAPTER III
255
Time and mode of indorsation
264
Goodsir 86
266
Effect of indorsement
277
Cockburn 3
281
Crichton 17677
291
Campbell and Co 292
292
Lyon 15
295
Indorsations after term of payment
299
Porterfield 164 412
304
Bills on notes lost stolen or destroyed
309
Notice of loss by holder to the other parties
317
CHAPTER IV
329
Section IIIMode of acceptance
336
Frascr 553
338
Halliday 107
342
Alexander 35
448
National Bank v Robertson 509
451
Section IIIAcceptance and payment supra protest
457
Hunter
465
Notice of nonacceptance or nonpay
468
Ogilvie Sir John v Mercer 708
475
Bank of Scotland
481
Wood 482 507
482
Ren tons Trustees v Baillie 662
485
MLure and Macrec v Paterson 121
486
Carlisle and Dunlop
508
Crawford 6
525
Effect of novation release or indul
532
Wyllie 70
534
Effect of discharge or giving time in accommodation bills
545
Brown 284
554
Kinnear and Son 181
555
Finlays 15
556
Section IBy whom diligence or action may be raised
558
Procedure by action or diligence
571
Fenwick
576
Interest
587
Damages and expenses
605
Tclfer
609
Christie 125 675
610
Montrose Bank
611
Main 114
613
Buchanan 207
614
PRESCRIPTION OF BILLS AND NOTES
625
Doig
631
Annan 184 307
632
Section IIProof of the debt notwithstanding THSTANDING
635
Turnbull 228
648
Allan and Co 700
650
Fleming 237 759
651
199 201
654
Geddes 53
657
Limits of the sexennial prescription
659
Lady Southesk 208
661
MNeill
663
CHAPTER IX
665
Balmano 744
669
Bankrupts power over his property
672
Pirie 35
677
Kelly 575
678
Neilson 9
679
Hawkins and Co v Cochrane 471
682
Diligence protected
685
Deeds challengeable
691
Grant 205
698
Bethune 64344
699
Date of deeds challengeable
707
Houstons Executors v Speirs 542
713
Process for challenging under the act
716
Murrays Creditors 285
723
Bruce and others
739
Effect of bankruptcy or insolvency
740
Clark 449
745
Flockhart 15 16
754
Lanson 110
763
Laing 867
769
Murray 627
777
Addenda et corrigenda
781
Excerpt from stat 5 and 6 Will IV c 41 as to secu
805
Act 1681 c 20
814
Robertson 87 94
817
Johnstone and Co v Atwell 186
838
Johnstone v Strachan 60
848

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Common terms and phrases

Popular passages

Page 136 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do...
Page 431 - ... payable at the house of a banker or other place, without further expression in his acceptance, such acceptance shall be deemed and taken to be, to all intents and purposes, a general acceptance of such bill. But if the acceptor shall, in his acceptance, express, that he accepts the bill payable at a banker's house or other place...
Page 799 - Inland bill of exchange, draft, or order, for the payment to the bearer, or to order, at any time exceeding two months after date, or sixty days after sight, of any sum of money.
Page 136 - Ann, c. 14, which enacts that " all notes, bills, bonds, judgments, mortgages, or other securities or conveyances whatsoever, given, granted, drawn, or entered into, or executed by any person or persons whatsoever, where the whole or any part of the consideration of such conveyances or securities shall be for any money or other valuable thing whatsoever, won by gaming or playing at cards, dice, tables, tennis, bowls, or other game or games...
Page 431 - ... general acceptance of such bill ; but if the acceptor shall in his acceptance express that he accepts the bill payable at a banker's house, or other place only, and not otherwise or elsewhere, such acceptance shall be deemed and taken, to be, to all intents and purposes, a qualified acceptance of such, bill, and the acceptor shall not be liable to pay the said bill, except in default of payment, when such payment shall have been first duly demanded at such banker's house or other place.
Page 803 - And all bills, drafts, or orders for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen...
Page 138 - ... or deceitful conveyance, for the forbearing or giving day of payment for one whole year, of and for their money or other thing, above the sum of...
Page 136 - ... for the reimbursing or repaying any money knowingly lent or advanced for such gaming or betting as aforesaid, or lent or advanced at the time and place of such play, to any person or persons so gaming or betting as aforesaid, or that shall, during such play, so play or bet, shall be utterly void, frustrate, and of none effect, to all intents and purposes whatsoever, any statute, law, or usage to the contrary thereof in anywise notwithstanding ; and that, where such mortgages, securities.
Page 138 - Time; and that all Bonds, Contracts, and Assurances whatsoever, made after the Time aforesaid, for Payment of any Principal or Money to be lent or covenanted to be performed upon or for any Usury, whereupon or whereby there shall be reserved or taken above the rate of Five Pounds in the Hundred, as aforesaid, shall be utterly void...
Page 404 - So it is said, that where there is a competition of evidence on the question whether a security has or has not been satisfied by payment, the possession of the uncancelled security by the claimant ought to turn the scale in his favor, since in the ordinary course of dealing the security is given up to the party who pays it (y).

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