American Law and Procedure, Volume 7James Parker Hall, James De Witt Andrews La Salle Extension University, 1910 - Law |
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Common terms and phrases
acceptance action agent amount applied authority bearer instrument benefit bill of exchange bill or note bills and notes blank bond bound claim co-sureties common law condition consideration contract court held creditor creditor's right default defendant delivered delivery deposit discharged due course enforce entitled equity fact give notice given guarantor guaranty H. L. Smith holder in due indemnity innocent purchaser insolvent Inst instru instrument payable insured intended law merchant lien loss maker or acceptor maker or drawer maturity ment National Bank negotiable instrument note payable obligation paid paper parties pay the debt payable on demand payable to bearer payee person plaintiff primarily liable principal debtor principal's promise to pay promissory note reason recover Rowlestone rule signature signed Smith special indorsement statute of frauds strument subrogation surety's suretyship thereof tion transfer transferor valid value received void warranty words
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 55 - ... the delivery may be shown to have been conditional, or for a special purpose only, and not for the purpose of transferring the property in the instrument. But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him is conclusively presumed.
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 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.