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Commentaries on the Law of Bills of Exchange: Foreign and Inland, as ...
Limited preview - 2004
8th edit acceptance acceptance supra protest Acceptor action Adolph amount antecedent parties Bank banker Barn Bayley on Bills Bill of Ex Bill or note Bills drawn Bills of Exchange Bills payable Bing Camb Camp Chitty on Bills circumstances Code de Comm commercial Conflict of Laws consideration contract Court Cressw damages days of grace debt debtor deemed discharge dishonor doctrine Drawer and Indorsers Drawer or Indorser Droit Comm due notice due presentment East England entitled foreign Bill French Law give notice given guaranty Heinecc Heineccius held honor Ibid inland Bill instrument Kent Kyd on Bills law of France Lect Letter of Credit liable ment merchants negotiable non-acceptance non-payment obligation paid Pardessus pay the Bill Payee plaintiff Pothier de Change principle promise Promissory Notes received reexchange respect rule says statute Story on Conflict supra protest Taunt thereof third person transfer usance Wend
Page 594 - that where one person makes a promise to another for the benefit of a third person, that third person may maintain an action upon it.
Page 602 - Upon a review of the cases which are reported, this court is of opinion that a letter written within a reasonable time before or after the date of a bill of exchange, describing it in terms not to be mistaken, and promising to accept it, is, if shown to the person who afterwards takes the bill on the credit of the letter, a virtual acceptance binding the person who makes the promise.
Page 446 - By that act it is declared that "after the 1st of August, 1821, if any person shall accept a bill of exchange payable at the house of a banker or other place, without further expression in his acceptance, such acceptance shall be deemed and taken to be, to all intents and purposes, a general acceptance of such bill. But if the acceptor shall, in his acceptance, express, that he accepts the bill payable at a banker's house or other place...
Page 34 - at sight," or " after date") pay this my first bill of exchange, (second and third of the same tenor and date not paid) to...
Page 149 - Generally speaking," says Story, " the validity of a contract is to be decided by the law of the place where it is made, unless it is to be performed in another country; for, as we shall presently see, in the latter case, the law of the place of performance is to govern.
Page 273 - ... there must be no unreasonable or improper delay. Whether there has been in any particular case reasonable diligence used, or whether unreasonable delay has occurred, is a mixed question of law and fact, to be decided by the jury acting under the direction of the Judge, upon the particular circumstances of each case.
Page 225 - ... transfer thereof, but also in payment of and as security for pre-existing debts. The creditor is thereby enabled to realize or to secure his debt, and thus may safely give a prolonged credit, or forbear from taking any legal steps to enforce his rights. The debtor also has the advantage of making his negotiable securities of equivalent value to cash. But establish the opposite conclusion, that negotiable paper cannot be applied in payment of or as security for pre-existing debts, without letting...
Page 227 - They directly establish that a bona fide holder, taking a negotiable note in payment of or as security for a pre-existing debt, is a holder for a valuable consideration, entitled to protection against all the equities between the antecedent parties.
Page 328 - Canada, in pursuance of the said section, the said privileges, powers, or immunities; and it is expedient to remove such doubts: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 1.