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A Commentary on the Bills of Exchange ACT, 1882 (45 and 46 Victoria, Cap. 6l)
A M Hamilton,Great Britain
Pré-visualização indisponível - 2015
acceptance acceptor accommodation according action agent alteration amount appears apply authorised authority Bank banker become Bell's bill of exchange bill payable Byles cheque Company competent consideration contained contract Court creditor crossed debt defenders delivered delivery demand discharged dishonoured drafts drawer drawn due course duly duty effect England entitled expressed fact firm foreign give given granted hands held holder in due honour indorser infra interest issued letter liable London Lord meaning ment necessary negotiable notice obligation obtained original paid party payee payment person presentment principal prior promissory note protest proved provisions question reasonable received recover regards rule Scotland signature signed stamp sub-section subsequent sufficient summary diligence takes thereof Thomson tion transfer trustee unless Vict written
Página 5 - 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 31 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up strictly in accordance with the authority given and within a reasonable time.
Página 101 - Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times : 1. If...
Página 110 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence.
Página 29 - An acceptance to pay at a particular place is a general acceptance, unless it expressly states that the bill is to be paid there only and not elsewhere. Sec. 141. An acceptance is qualified, which is : 1. Conditional, that is to say, which makes payment by the acceptor dependent on the fulfilment of a condition therein stated ; 2.
Página 67 - In the hands of any holder other than a holder in due course, a negotiable instrument is subject to the same defenses as if it were non-negotiable. But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Página 29 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.
Página 175 - Act, the banker paying the cheque in good faith and without negligence shall not be responsible or incur any liability, nor shall the payment be questioned by reason of the cheque having been crossed, or of the crossing having been obliterated, or having been added to or altered otherwise than as...
Página 54 - Where the instrument contains or a person adds to his signature words indicating that he signs for or on behalf of a principal, or in a representative capacity, he is not liable on the instrument if he was duly authorized; but the mere addition of words describing him as an agent, or as filling a representative character, without disclosing his principal, does not exempt him from personal liability.