American Law and Procedure, 7±Ç

James Parker Hall, James De Witt Andrews

La Salle Extension University, 1910

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• NEGOTIABLE INSTRUMENTS တတ တ တ အတ တ CHAPTER I: 1
• Decisions of courts adopt mercantile usage into common law 3 Bills and notes are transferable obligations: 2
• Illustrations: 4
• How bills and notes may be transferred: 6
• Bills and notes are negotiable: 8
• CHAPTER II: 9
• Note must contain a promise: 10
• Same continued: 11
• Bill of exchange must contain an order: 12
• Promise or order must be unconditional: 13
• Promise or order to pay out of particular fund is condi tional: 14
• Same continued: 15
• 16 Statement of consideration does not make instrument con: 16
• 17 Promise or order must be certain in amount payable: 17
• maturity: 21
• Costs of collection and attorneys fees: 22
• Instruments payable with exchange 20 Instruments payable in installments: 23
• Promise or order must be certain as to the time of payment: 24
• Instruments payable on demand: 25
• Promise or order must be to pay money: 27
• Current funds: 28
• Particular kind of money Bill or note must order or promise payment of money only: 29
• Requisite parties: 31
• Same continued: 32
• Maker or drawer: 33
• Signatures of agents: 34
• Same continued: 36
• Payee: 37
• Fictitious payees: 38
• Alternative payees 35 Successive holders of office as payees: 40
• Drawee: 41
• Same continued: 42
• Negotiable instrument must be payable to order or bearer 39 Order instruments: 44
• Bearer instruments: 45
• Payee not a person 42 Date of instrument: 46
• Value received 44 Bills and notes defined: 48
• CHAPTER III: 49
• Carelessness a question of fact: 50
• Intentional signing induced by fraud 49 Delivery: 51
• Position of fraudulent payee or bearer 51 Position of payee in case of conditional delivery 52 Position of innocent purchaser of the instrument: 52
• Incomplete instruments: 53
• Innocent purchaser of instrument completed in excess: 54
• authority: 55
• Incomplete instruments not intentionally delivered as such: 57
• Presumption of delivery: 58
• Preexisting debt as consideration: 60
• Same continued: 61
• Examples of consideration 62 Moral consideration: 63
• Presumption of consideration SECTION 3: 64
• Form of acceptance Oral acceptance: 65
• Acceptance written on the bill 67 Extrinsic written acceptance: 66
• Virtual acceptance 09 Constructive acceptance: 68
• Kinds of acceptance Qualified acceptance: 69
• Conditional acceptance 73 Partial acceptance 74 Local acceptance: 70
• Acceptance qualified as to time 76 Acceptance by less than all of drawecs: 71
• Acceptance by person not drawee 78 Holder may require an unqualified acceptance written on bill 8 79 Effect of taking qualified acceptance: 72
• CHAPTER IV: 74
• Transfer by delivery: 75
• Form of indorsement 84 Indorsement must be in writing on the instrument: 77
• Indorsement must be an order to: 78
• Indorsement must be an order to pay the whole sum due on instrument: 79
• Indorsement is not binding unless instrument is delivered: 80
• Special indorsements: 81
• Blank indorsement followed by special indorsement: 82
• Special indorsement of instrument payable to bearer: 83
• Restrictive indorsement 94 Indorsement prohibiting further negotiation: 84
• Indorsement constituting indorsee agent or trusteo of in dorser: 85
• Indorsement in trust for third person: 87
• Qualified indorsement: 88
• Conditional indorsements: 89
• Delivery without indorsement: 90
• CHAPTER V: 93
• Illegality and other defects: 95
• Reasons stated: 96
• 104 Defences not available against holder in due course: 98
• 105 Existing instrument must be acquired by holder in due course: 99
• 107 Actual notice: 100
• 108 Constructive notice: 101
• 109 Purchase after maturity: 102
• 110 Purchase from partner agent or trustee: 103
• 111 Transferee must part with value in exchange for the in strument: 105
• 112 What constitutes value: 106
• 114 Amount of value necessary: 107
• Judicial explanation: 108
• 116 Notice to purchaser before he has parted with value: 110
• 117 Purchaser with notice from holder in due course: 112
• 122 Same continued: 118
• Illustrations: 124
• 138 Warranty of title: 131
• 145 When delay in making presentment is excused: 136
• 149 Hours of presentment at bank: 140
• 151 To whom presentment must be made: 141
• 152 Presentment is demand of payment accompanied by exhibi tion of instrument: 142
• 154 Dishonor by nonacceptance: 143
• Form of notice: 144
• 159 By whom notice may be given: 145
• 160 Effect of notice: 147
• 161 Notice by agent 162 Time within which notice must be given: 148
• 163 Successive notices 164 To whom notice must be given: 150
• 165 Where notice must be sent: 151
• Illustrations: 152
• 167 When notice dispensed with or delay excused: 153
• SECTION 4: 155
• CHAPTER VIII: 157
• 172Certification: 158
• To hold indorsers: 159
• Discharge of Instrument: 160
• Negotiable notes: 178
• တတတ တတတတတ တတတတ: 184
• Subrogation of surety to creditors rights: 214
• Debt barred against principal: 226
• Note of surety given in payment: 232
• Payment of judgment by surety: 238
• CHAPTER IV: 252
• First class of cases: 286
• General purpose of questions regarding: 292
• What amounts to a waiver: 330
• 126 External: 352
• 133 Total disability: 358
• တ တတတ: 362
• Nonstaple articles: 364
• Vendor and vendee: 370
• Subrogation to contract rights: 377
• CHAPTER I: 383
• Relation of bank with a depositor is that of debtor: 389
• 233: 391
• Illustration: 395
• ကကတတ တ တ အတ တ တ coscoseasw eo concoscoser: 401
• The creation of national banks: 407
• CHAPTER V: 418
• Appendix A Negotiable Instruments: 427
• Appendix B Guaranty and Suretyship: 435
• Banks Banking and Trust Companies: 443
• တတ တ တတတတ တ အ အအ အလာ: 451

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371 ÆäÀÌÁö - 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.

101 ÆäÀÌÁö - 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.

48 ÆäÀÌÁö - 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.

48 ÆäÀÌÁö - 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.

158 ÆäÀÌÁö - 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.

308 ÆäÀÌÁö - ... 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...

108 ÆäÀÌÁö - 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.

37 ÆäÀÌÁö - Where the instrument is payable to order the payee must be named or otherwise indicated therein with reasonable certainty.

121 ÆäÀÌÁö - ... 3. If he signs for the accommodation of the payee, he is liable to all parties subsequent to the payee.

163 ÆäÀÌÁö - 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.

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• Á¦¸ñ: American Law and Procedure, 7±Ç; American Law and Procedure, James Parker Hall
• ÆíÁýÀÚ: James Parker Hall, James De Witt Andrews
• µµ¿òÀ» ÁֽŠºÐµé: La Salle Extension University. Department of Law
• ¹ßÇàÀÎ: La Salle Extension University, 1910
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