Commentary on the Bills of Exchange Act, 1882 (45 & 46 Victoria, Cap. 61)

Front Cover
Bell & Bradfute, 1882 - Bills of exchange - 283 pages
 

Contents

Effect where different parties to bill are the same person
32
Address to drawee
33
Certainty required as to payee
34
What bills are negotiable
36
Sum payable
38
Bill payable on demand
40
Bill payable at a future time
41
Antedating and postdating
42
Computation of time of payment
44
Case of need
46
The Consideration for a Bill PAGE 68
47
Optional stipulations by drawer or indorser
48
Definition and requisites of acceptance
49
Time for acceptance
50
General and qualified acceptances
51
Inchoate instruments
53
Delivery
58
Capacity and Authority of Parties
63
Capacity of parties 683
67
Holder in due course
82
Presumption of value and good faith
84
Negotiation of Bills 31 Negotiation of bill
85
Requisites of a valid indorsement
87
Conditional indorsement
90
Indorsement in blank and special indorsement 35 Restrictive indorsement
92
Negotiation of overdue or dishonoured bill 37 Negotiation of bill to party already liable thereon 38 Rights of the holder
97
General Duties of the Holder
98
87
100
When presentment for acceptance is necessary 40 Time for presenting bill payable after sight 41 Rules as to presentment for acceptance and excuses f...
105
Dishonour by nonacceptance and its consequences 44 Duties as to qualified acceptances
106
Excuses for delay or nonpresentment for payment 47 Dishonour by nonpayment
114
Notice of dishonour and effect of nonnotice 49 Rules as to notice of dishonour 50 Excuses for nonnotice and delay
120
Liabilities of Parties 53 Funds in hands of drawee
126
Liability of acceptor
129

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Common terms and phrases

Popular passages

Page 186 - A promissory note is defined as " 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
Page 50 - 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.
Page 48 - Partial, that is to say, an acceptance to pay part only of the amount for which the bill is drawn; 3.
Page 77 - 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.
Page 21 - 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.
Page 77 - 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.
Page 54 - ... may be shown to have been conditional or for a special purpose only and not for the purpose of transferring the property in the instrument.
Page 104 - ... partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm.
Page 32 - A bill is payable to order which is expressed to be so payable, or which is expressed to be payable to a particular person, and does not contain words prohibiting transfer or indicating an intention that it should not be transferable.
Page 98 - Notice of dishonor is not required to be given to an indorser in either of the following cases : 1. Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument; 2.

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