The Law of Deposits |
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Common terms and phrases
acceptance actually agent agreement allowed amount assignment attached authority balance bank's becomes belongs bind bona fide holder bound certificate certificate of deposit charge circumstances claim collection contract course court creditor custom death debt delivered delivery demand deposit depositor donee donor draft draw drawer drawn endorsement entitled evidence fact fails followed forged funds gift give given hands held holder holds insolvent intent interest issued keep liable loan loss maker ment mistake national bank negligence Negotiable Negotiable Instruments notes notice officer owner paid party payable payee payment person posit positor presented presumed provides public money question reasonable received recover refusal to pay regarded represented reserve savings signature signed special deposit stand statute sufficient thing tion transfer Treasurer trust United unless usually valid writing wrong
Popular passages
Page 63 - The drawer by drawing the instrument admits the existence of the payee and his then capacity to indorse; and engages that on due presentment the instrument will be accepted or paid, or both, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Page 63 - Every person negotiating an instrument by delivery or by a qualified indorsement, warrants: 1. That the instrument is genuine and in all respects what it purports to be; 2. That he has a good title to it; 3. That all prior parties had capacity to contract; 4. That he has no knowledge of any fact which would impair the validity of the instrument or render it valueless.
Page 20 - That all associations under this act, when designated for that purpose by the Secretary of the Treasury, shall be depositaries of public money, except receipts from customs...
Page 54 - 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.
Page 127 - Counterfeit notes to be marked; "redemption" of notes wrongfully so marked. The act of June 30. 1876 (19 Stat. 64; 31 USC 424), provides that all United States officers charged with the receipt or disbursement of public moneys, and all officers of national banks, shall stamp or write in plain letters the word "counterfeit", "altered", or "worthless" upon all fraudulent notes issued in the form of. and intended to circulate as money, which shall be presented at their places of business; and if such...
Page 20 - States to a disbursing officer shall be by draft or warrant on the Treasury or an assistant treasurer of the United States. In places, however, where there is no treasurer or assistant treasurer, the Secretary of the Treasury may, when he deems it essential to the public interest, specially authorize in writing the deposit of such public money in any other public...
Page 81 - If he does not signify his approval or acceptance to the seller, but retains the goods without giving notice of rejection, then, if a time has been fixed for the return of the goods, on the expiration of such time, and, if no time has been fixed, on the expiration of a reasonable time. What is a reasonable time is a question of fact.
Page 126 - July 14, 1890, are legal tender for all debts, public and private, except where otherwise expressly stipulated in the contract. United States notes are legal tender for all debts, public and private, except duties on imports and interest on the public debt.
Page 65 - ... or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.
Page 57 - ... intended to circulate as money or to be received or used in lieu of lawful money of the United States...