A Selection of Cases on the Law of Bills and Notes and Other Negotiable Paper: With Full References and Citations, and Also an Index and Summary of the Cases. Prepared for Use as a Text-book in Harvard Law School, Volume 1
James Barr Ames
Soule and Bugbee, 1881 - Negotiable instruments
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acceptor accord action afterwards agreement alleged amount appears assignment assumpsit authority Bank bank-notes banker became due bill of exchange bill or note blank bona fide holder circumstances cited contract count court Court of Session custom of merchants debt decision declaration defendant defendant's delivered delivery demand demurrer discounted drawer evidence fact fraud given hands held indorsement instrument John judge judgment jury King's Bench law of France liable London Lord Lord Ellenborough Lord Mansfield maker ment months after date negotiable negotiable instrument Nisi nonsuit note payable notice opinion paid party payable to bearer payee payment person plaintiff plaintiff in error pleaded present promise to pay promissory note proved question refused Reported rule semble signature Smith stamp statute statute of Anne sued term thereof tion transfer trial usury valuable consideration value received verdict Wend words writing
Page 623 - A valuable consideration in the sense of the law may consist either in some right, interest, profit, or benefit accruing to the one party, or some forbearance, detriment, loss, or responsibility given, suffered, or undertaken by the other.
Page 645 - that the laws of the several states, except where the constitution, treaties or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision. In trials at common law, in the courts of the United States, In cases where they apply.
Page 611 - ... for a rule to show cause why a new trial should not be granted...
Page 708 - ... under circumstances which ought to have excited the suspicion of a prudent and careful man.
Page 587 - We may lay it down as a broad general principle, that, wherever one of two innocent persons must suffer by the acts of a third, he who has enabled such third person to occasion the loss must sustain it.
Page 646 - ... to ascertain upon general reasoning and legal analogies, what is the true exposition of the contract or instrument, or what is the just rule furnished by the principles of commercial law to govern the case.
Page 645 - In the ordinary use of language, it will hardly be contended that the decisions of courts constitute laws. They are, at most, only evidence of what the laws are, and are not of themselves laws.
Page 442 - Because no man shall be permitted to take the chance of committing a fraud, without running any risk of losing by the event, when it is detected.
Page 322 - ABINGER, CB I am of opinion that there ought to be no rule in this case. The...