The Bills of Exchange Act, 1890: Being a Codification of the Law-merchant Respecting Bills of Exchange, Cheques, and Promissory Notes : with Explanatory Notes and Illustrations from Canadian, English, and American Decisions

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Rowsell & Hutchison, 1890 - Banking law - 304 pages
 

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Page 147 - Where the holder of a bill drawn payable elsewhere than at the place of business or the residence of the drawee has not time with the exercise of reasonable diligence to present the bill for acceptance before presenting it for payment...
Page 62 - Where the instrument is payable at a fixed period after date, after sight, or after the happening of a specified event, the time of payment is determined by excluding the day from which the time is to begin to run, and by including the date of payment.
Page 156 - Presentment for payment, to be sufficient, must be made: 1. By the holder, or by some person authorized to receive payment on his behalf; 2.
Page 64 - 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 251 - 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 251 - Where a person takes a crossed cheque which bears on it the words " not negotiable," he shall not have and shall not be capable of giving a better title to the cheque than that which the person from whom he took it had.
Page 77 - A fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to A fact is said to be disproved when, after consid„ ering the matters before it, the Court Disprove . either believes that it does not exist...
Page 229 - The true foundation on which the administration of international law must rest is that the rules which are to govern are those which arise from mutual interest and utility, from a sense of the inconveniences which would result from a contrary doctrine, and from a sort of moral necessity to do justice in order that justice may be done to us in return.
Page 121 - 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 178 - Notice of dishonor is not required to be given to the drawer in either of the following cases : 1. Where the drawer and drawee are the same person ; 2. Where the drawee is a fictitious person or a person not having capacity to contract ; 3. Where the drawer is the person to whom the instrument is presented for payment; 4. Where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument ; 5. Where the drawer has countermanded payment.

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