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" 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... "
The Negotiable Instruments Act (Act XXVI of 1881): Being an Act to Define ... - Page 265
by India, Patrick Dunlop Shaw - 1882 - 314 pages
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Roscoe's Digest of the Law of Evidence on the Trial of Actions ..., Volumes 1-2

Henry Roscoe - Evidence (Law) - 1884 - 834 pages
...made unintentionally, or under a mistake, or without the authority of the holder is inoperative ; laut where a bill or any signature thereon appears to have...unintentionally, or under a mistake, or without authority." The provision in sect. 62 (1), аз to the renunciation being in writing is new. The renunciation must...
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The Theory and Practice of Banking, Volume 2

Henry Dunning Macleod - Banks and banking - 1886 - 722 pages
...intentionally cancelled by the owner or his agent, and the cancellation is apparent thereon, the bill ia discharged 2. In like manner any party liable on a...unintentionally, or under a mistake, or without authority Upon Notice of Dishonour 2. Subject to the provisions of this Act, when a bill is dishonoured by non-payment,...
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The Code of Virginia: With the Declaration of Independence and the ...

Virginia - Law - 1899 - 724 pages
...unintentionally or under a mistake or without the authority of the holder Is inoperative; but where an instrument or any signature thereon appears to have been cancelled...unintentionally or under a mistake or without authority. thereon it is avoided except as against a party who has himself made, authorized, or assented to the...
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The Southwestern Reporter, Volume 101

Law reports, digests, etc - 1907 - 1332 pages
...holder, Is Inoperative ; but where an Instrument or any signature thereon appears to have been canceled, the burden of proof lies on the party who alleges...unintentionally or under a mistake or without authority." The insistence Is that this section Is a distinct effort to legislate, not upon negotiable Instruments,...
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The New York Supplement, Volume 168

Law reports, digests, etc - 1918 - 1258 pages
...or under a mistake, or without the authority of the holder, is inoperative ; but whore an instrument or any signature thereon appears to have been cancelled...unintentionally, or under a mistake or without authority." [2] In the present case, however, the cancellation of the note was not unintentional, nor the result...
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The Maryland Code: Public General Laws : Adopted by the General Assembly of ...

Maryland - Law - 1898 - 700 pages
...or under a mistake, or without the authority of the holder, is inoperative ; but where an instrument or any signature thereon appears to have been cancelled...unintentionally, or under a mistake, or without authority. 143. Where a negotiable instrument is materially altered without the assent of all parties liable thereon,...
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The New York Supplement, Volume 98

Law reports, digests, etc - 1906 - 1408 pages
...612, § 204, where an Instrument or any signature thereon appears to have been canceled, the burden is on the party who alleges that the cancellation was...unintentionally, or under a mistake or without authority. 8. SAME — NOTICE OF DISHONOR. Negotiable Instruments Law, Laws 1897, p. 742, c. 612, § 180, provides...
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The Bills of Exchange Act, 1890: Being a Codification of the Law-merchant ...

Thomas Hodgins - Banking law - 1890 - 336 pages
...discharged : l cancellation 3. A cancellation made unintentionally, or under a misinoperatire. take, or without the authority of the holder, is inoperative;...unintentionally, or under a mistake, or without authority. 2 by mistake ^ i The terms used in this Act to indicate the payment or satisfaction of a bill or note...
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The Bills of Exchange Act 1890: Fully and Copiously Indexed So as to be of ...

John Augustus Barron - Bills of exchange - 1890 - 152 pages
...unintentionally, or under a mis- Erroneous take, or without the authority of the holder, is inopera- tion. tive : but where a bill or any signature thereon appears...unintentionally, or under a mistake, or without authority. authorized, or assented to the alteration, and subsequent indorsers : Proviso. Provided, that where...
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Digest of the Law of Evidence on the Trial of Actions at Nisi Prius, Volume 1

Henry Roscoe, Maurice Powell - Evidence (Law) - 1891 - 924 pages
...intentionally cancelled by the holder or his agent, and the cancellation is apparent thereon, the bill is discharged. " (3.) A cancellation made unintentionally,...unintentionally, or under a mistake, or without authority." The provision in sect. 62 (1), as to the renunciation being in writing, is new. It must itself be the...
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