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The Law of Bills of Exchange: Promissory Notes, Checks, &C (Classic Reprint)
Cuthbert W. Johnson
No preview available - 2016
13 East Accepted supra protest acceptor accommodation bill action Adol aforesaid agent alteration amount assignees assumpsit bank notes Bank of England bankrupt bearer become due bill drawn bill of exchange bill or bills bill or note bill payable bills of ex Bingham Burrows Campbell ceptor court creditor debt declaration defendant demand discharge Douglas drafts drawer entitled to notice Espinasse exchange or promissory exonerated feme covert fide holder foreign bill forged forgery further enacted give notice given indorser inland bills issue jury liable London Lord Ellenborough Lord Mansfield Lord Raym Moore negotiable Nisi Prius non-acceptance non-payment notary notary public paid partner party payable after sight payee person or persons plaintiff plea plead pounds presented for acceptance promise to pay promissory notes protest prove received recover refused shillings Smith stamp Starkey statute Taunton thereby thereof unstamped usury void wager whereas Wilson
Page 137 - Time; and that all Bonds, Contracts, and Assurances whatsoever, made after the Time aforesaid, for Payment of any Principal or Money to be lent or covenanted to be performed upon or for any Usury, whereupon or whereby there shall be reserved or taken above the rate of Five Pounds in the Hundred, as aforesaid, shall be utterly void...
Page 113 - Words only shall be deemed sufficient Evidence of a new or continuing Contract, whereby to take any Case out of the Operation of the said Enactments or either of them, or to deprive any Party of the Benefit thereof, unless such Acknowledgment or Promise shall be made or contained by or in some Writing to be signed by the Party chargeable thereby...
Page 114 - No action shall be brought whereby to charge any person upon, or by reason of. any representation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any other person to the Intent or purpose that such other person may obtain credit, money or goods unless such representation or assurance be made In writing, signed by the party to be charged therewith.
Page 113 - ... joint contractors, or executors, or administrators, if it shall appear at the trial or otherwise that the plaintiff, though barred by either of the said recited acts, or this act, as to one or more of such joint contractors, or executors, or administrators, shall nevertheless be entitled to recover against any other or others of the defendants by virtue of a new acknowledgment, or promise, or otherwise, judgment may be given, and (/) Per Tindal, CJ, Haydon v.
Page 114 - That no Action shall be maintained whereby to charge any Person upon any Promise made after full Age to pay any Debt contracted during Infancy, or upon any Ratification after full Age of any Promise or Simple Contract made during Infancy, 'unless such Promise or Ratification shall be made by some Writing signed by the Party to be charged therewith.
Page 113 - ... contractor, executor or administrator, shall lose the benefit of the said enactments, or either of them, so as to be chargeable in respect or by reason only of any written acknowledgment or promise, made and signed by any other or others of them.
Page 91 - ... and also every such note payable to any person or persons, body politic and corporate, his, her or their order, shall be assignable or indorsable over, in the same manner as inland bills of exchange are or may be, according to the custom of merchants...
Page 97 - Wales, any law, statute, usage, or custom to the contrary thereof in any wise notwithstanding.
Page 63 - In every species of actions on contract, all matters in confession and avoidance, including not only those by way of discharge, but those which show the transaction to be either void or voidable in point of Law, on the ground of fraud or otherwise, shall be specially pleaded...
Page 69 - Christian or first name or names, it shall be sufficient in every affidavit to hold to bail, and in the process or declaration to designate such persons by the same initial letter or letters or contraction of the Christian or first name or names, instead of stating the Christian or first name or names in full.