 | John Barnard Byles - Bills of exchange - 1891 - 674 pages
...mistake, Cancellation or without the authority of the holder, is inoperative ; but by mistake, when a bill or any signature thereon appears to have been cancelled, the burden of proof lies on the party alleging the same to have been done unintentionally, or under a mistake, or without authority (q).... | |
 | Great Britain - Bills of exchange - 1892 - 94 pages
...Cancellation. Alteration of bill. 63. (1.) Where a bill is intentionally cancelled by the [v.,Q.,wAe«.i holder or his agent, and the cancellation is apparent thereon,...64. (1.) Where a bill or acceptance is materially [V..Q., WA SB.] altered without the assent of all parties liable on the bill, the bill is avoided except... | |
 | John James MacLaren - Bills of exchange - 1892 - 628 pages
...River Plate Bank, a CPD 60 (1877). Erroneous 8. A cancellation made unintentionally, or under tion- a mistake, or without the authority of the holder,...unintentionally, or under a mistake, or without authority. Imp. Act, s. 63 (3). The usage in London in such a case is to return the bill with the words "Cancelled... | |
 | Henry Dunning Macleod - Banks and banking - 1893 - 684 pages
...his own right, the bill is discharged 297.* 1. Where a bill is intentionally cancelled by the owner or his agent, and the cancellation is apparent thereon,...unintentionally, or under a mistake, or without authority upon Notice of Dishonour _ ^abject to the provisions of this Act, when a bill ia dishonoured by non-payment,... | |
 | Melville Madison Bigelow - Negotiable instruments - 1893 - 360 pages
...the intentional cancellation of his signature by the holder or his agent. In such case any iudorser who would have had a right of recourse against the...mistake, or without authority. 64. (1) Where a bill of acceptance is materially altered without the assent of all parties liable on the bill, the bill... | |
 | Barbados - Session laws - 1893 - 462 pages
...without the authority of the holder is inoperative ; but where a billot any signature thereon appear* to have been cancelled the burden of proof lies on...authority. 64. (1.) Where a bill or acceptance is Alteration of bill. materially altered without the assent of all parties liable on the bill, the bill... | |
 | New York (State). Courts, Francis Blaine Delehanty (Reporter), Austin B. Griffin (Reporter), Robert George Scherer (Reporter), Edward Jordan Dimock (Reporter), Joseph Albert Lawson (Reporter), Charles Cook Lester (Reporter), William Van Rensselaer Erving (Reporter), Louis J. Rezzemini (Reporter) - Law reports, digests, etc - 1918 - 832 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." In the present case, however, the cancellation of the note was not unintentional nor the result of... | |
 | Sir Mackenzie Dalzell Edwin Stewart Chalmers - Bills of exchange - 1896 - 530 pages
...agree to the offer. The agent is liable for any loss consequent on the unauthorised cancellation.5 (3) A cancellation made unintentionally, or under...made unintentionally, or under a mistake, or without authority.3 64. (1) Where a bill or acceptance is mate- Alteration rially altered without the assent... | |
 | Joseph Chitty - Contracts - 1896 - 906 pages
...mistake, or CH. XVI. s. 2. without the authority of the holder, is inoperative ; but where a bill B^la of or any signature thereon appears to have been cancelled...unintentionally, or under a mistake, or without authority. S. 64. — (1) Where a bill or acceptance is materially altered Alteration of without the assent of... | |
 | Florida - Law - 1897 - 426 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. SEC. 124. Where a negotiable instrument is materially altered without the assent of all parties liable... | |
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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... 
