American Law and Procedure, Volume 7 |
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Contents
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Other editions - View all
Common terms and phrases
acceptance action actually agent allowed alteration amount appears apply authority Bank bearer become benefit bill or note binding blank bond bound charge claim co-sureties collect complete conditional consideration contract course creditor debt debtor defendant delivered delivery demand designated discharged dishonor drawer effect enforce entitled equity example existence face fact faith fraud give given guaranty hands held hold holder indorsement innocent Inst instrument is payable intention knowing latter liable maker maturity means ment necessary negotiable instrument note payable notice obligation obtained paid parties pay the debt payable payee payment person plaintiff presentment principal promise to pay promissory note provides purchaser question reason received recover release rule says sent signature signed Smith sold statute strument subrogation sufficient surety takes thereon tion transfer unless valid writing written
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.