Cases on Commercial Law: General Survey, Contracts, Agency, Bailments, Sales, Negotiable Paper, Partnerships, Corporations, BankruptcyAlfred William Bays Callaghan, 1923 - 1536 páginas |
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Términos y frases comunes
acceptance action Agency agent agreed agreement amount appellant appellee assignment authority bailee bailment Bank bill of exchange bill of lading binding breach buyer carrier circumstances claim common carrier common law conditional sale consideration contract to sell court court of equity creditor damages debt defendant defendant's delivery discharged dishonor drawee drawer due course duty enforce equity evidence Facts held holder in due implied warranty indorsement Instru intention judgment jury liable lien maker ment Negotiable Instruments Act negotiable paper notice obligation offer owner paid parol evidence rule party payable payee payment performance plaintiff plaintiff in error Point Involved possession principal promise to pay promissory note purchaser purpose ratification reason received recover rule seller signed sold specific statute of frauds suit thereof third person tion tort tract transfer undisclosed principal Uniform Negotiable Instruments unless void voidable writing
Pasajes populares
Página 678 - Action for damages for non-acceptance of the goods. —(1) Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may maintain an action against him for damages for non-acceptance. (2) The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the buyer's breach of contract.
Página 983 - 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.
Página 720 - Subject to the provisions of this Act and of any statute in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale...
Página 580 - Any affirmation of fact or any promise by the seller relating to the goods is an express warranty if the natural tendency of such affirmation or promise is to induce the buyer to purchase the goods, and if the buyer purchases the goods relying thereon. No affirmation of the value of the goods, nor any statement purporting to be a statement of the seller's opinion only shall be construed as a warranty.
Página 988 - A promissory note 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 determinable future time, a sum certain in money, to, or to the order of, a specified person, or to bearer.
Página 678 - Where there is an available market for the goods in question, the measure of damages is, in the absence of special circumstances, showing proximate damage of a greater amount, the difference between the contract price and the market or current price at the time or times when the goods ought to have been accepted. or, if no time was fixed for acceptance, then at the time of the refusal to accept.
Página 976 - And, in addition, he engages that on due presentment, it shall be accepted or paid, or both, as the case may be, according to its tenor, and that if it be dishonored, and the necessary proceedings on dishonor be duly taken, he will pay the amount thereof to the holder, or to any subsequent indorser who may be compelled to pay it.
Página 851 - 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.
Página 757 - An instrument to be negotiable must conform to the following requirements : — 1. It must be in writing and signed by the maker or drawer ; 2. Must contain an unconditional promise or order to pay a sum certain in money ; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer ; and, 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.
Página 848 - To constitute notice of an infirmity in the instrument or defect in the title of the person negotiating the same, the person to whom it is negotiated must have had actual knowledge of the infirmity or defect, or knowledge of such facts that his action in taking the instrument amounted to bad faith.