A Digest of the Law of Bills of Exchange, Promissory Notes, Cheques, and Negotiable Securities

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Página 10 - 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 (s).
Página 106 - 29. (1) A holder in due course is a holder who has taken a bill, complete and regular on the face of it, under the following conditions; namely, (a) That he became the holder of it before it was overdue, and without notice that it had been previously dishonoured, if such was the
Página 92 - or acceptor, and adds words to his signature, indicating that he signs for or on behalf of a principal, or in a representative character, he is not personally liable thereon; but the mere addition to his signature of words describing him as an agent, or as filling a representative character, does not exempt him from personal liability
Página 157 - or where a bill is drawn payable elsewhere than at the residence or place of business of the drawee, it must be presented for acceptance before it can be presented for payment. (3) In no other case is presentment for acceptance necessary in order to render liable any party to the bill
Página 108 - holder" means the payee or indorsee of a bill or note who is in possession of it, or the bearer thereof; and " bearer " means the person in possession of a bill or note which is payable to bearer: see " value
Página 36 - (2) On or at a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening may be uncertain (/(). An instrument expressed to be payable on a contingency is not a bill, and the happening of the event does not cure the defect
Página 333 - merchant, save in so far as they are inconsistent with the express provisions of this Act, shall continue to apply to bills of exchange, promissory notes, and cheques. This provision preserves a foreign drawer's right to prove for re-exchange against an English acceptor
Página 249 - (3) A cancellation made unintentionally, or under a mistake, or without the authority of the holder, is inoperative; but where a bill or any signature thereon appears to have been cancelled the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake, or without authority
Página 342 - shall be commenced and sued within six years next after the cause of such actions and not after. Under this enactment, it was held that any acknowledgment of the debt after it was due was equivalent to a fresh promise to pay it, defeating the statute, and causing it to run only from the date of the acknowledgment
Página 63 - But if the bill be in the hands of a holder in due course a valid delivery of the bill by all parties prior to him so as to make them liable to him is conclusively presumed. (3) Where a bill is no longer in the possession

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