A Treatise on the Law of Bills of Exchange, Promissory-notes, Bank Notes, Bankers' Notes, and Checks on Bankers, in Scotland: Including a Summary of English Decisions Applicable to the Law of Scotland |
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Page 23
... proof of its being a donation . But they held , that the right which it contained was of so anomalous a kind , as not to be the proper subject of a bill . It is probable that they were influenced partly by the lapse of time , and partly ...
... proof of its being a donation . But they held , that the right which it contained was of so anomalous a kind , as not to be the proper subject of a bill . It is probable that they were influenced partly by the lapse of time , and partly ...
Page 24
... proof that the amount of it had actually been paid to the acceptor . It may be doubted , whether it was proper thus to receive it as a document of debt , after it was rejected as a bill , seeing it was not a document in re mercatoria ...
... proof that the amount of it had actually been paid to the acceptor . It may be doubted , whether it was proper thus to receive it as a document of debt , after it was rejected as a bill , seeing it was not a document in re mercatoria ...
Page 27
... proof was at first allowed before answer , of the facts infer- ring donatio mortis causa , as well as of an allegation that the bill had not been signed by the drawer till after the accep- tor's death , yet , in a reduction of the bill ...
... proof was at first allowed before answer , of the facts infer- ring donatio mortis causa , as well as of an allegation that the bill had not been signed by the drawer till after the accep- tor's death , yet , in a reduction of the bill ...
Page 30
... proof was allowed . But it related to facts tending to establish that the original claimant on the bill had not obtained legal de- livery , which , as will afterwards appear , is generally essen- tial to give a perfect right ; and even ...
... proof was allowed . But it related to facts tending to establish that the original claimant on the bill had not obtained legal de- livery , which , as will afterwards appear , is generally essen- tial to give a perfect right ; and even ...
Page 53
... proof ; the Court being so clear as to the validity of the bills , that , in a reduction , they refused a petition against the Lord Ordinary's interlocutor sustaining them , without an- swers . In a later case 5 , which was an action on ...
... proof ; the Court being so clear as to the validity of the bills , that , in a reduction , they refused a petition against the Lord Ordinary's interlocutor sustaining them , without an- swers . In a later case 5 , which was an action on ...
Other editions - View all
A Treatise On the Law of Bills of Exchange, Promissory-Notes, Bank Notes ... Robert Thomson No preview available - 2018 |
A Treatise on the Law of Bills of Exchange, Promissory-Notes, Bank Notes ... Robert Thomson No preview available - 2015 |
A Treatise On the Law of Bills of Exchange, Promissory-Notes, Bank Notes ... Robert Thomson No preview available - 2023 |
Common terms and phrases
2dly acceptance acceptance supra protest acceptor action afterwards already appears applicable bankers bankrupt bankruptcy Bayley behoof bill drawn bill granted bill or note bill payable blank bond Campb Chitty circumstances cited claim contract Court of King's Court of Session creditor debt debtor decided decision defendant discharge discounted dishonour doctrine document draft drawee's hands drawer effect Elchies England entitled evidence ex facie fraud funds given granter ground held holder indorser inland bills King's Bench latter liable likewise Lord Ellenborough Lord Kenyon ment Morr negotiation non-acceptance non-payment notice obligation onerous indorsee paid partners payee person plaintiff pleaded presentment presumption principle promissory-note protest proved question re-exchange received recourse reference refused regard rule Scotland stamp statute subscribed summary diligence sustained term of payment third party tion transaction unless usury Vide writ or oath
Popular passages
Page 155 - ... or other game or games whatsoever, or by betting on the sides or hands of such as do...
Page 866 - And all bills, drafts, or orders, for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen, if the same shall be made payable to the bearer, or to order, or if the same shall be delivered to the payee, or some person on his or her behalf...
Page 157 - ... pounds for the forbearance of one hundred pounds for a year, and so after that rate for a greater or lesser sum, or for a longer or shorter time...
Page 865 - Inland BILL of EXCHANGE. Draft, or Order for the payment to the bearer, or to order, otherwise than on demand, but not exceeding two months after date, or sixty days after sight, of any sum of money, Amounting to 401.
Page 155 - Games aforesaid, or for the reimbursing or repaying any Money knowingly lent, or advanced for such gaming or betting, as aforesaid, or lent or advanced at the Time and Place of such Play, to any Person or Persons so gaming or betting, as aforesaid, or that shall, during such Play, so play or bett, shall be utterly void, frustrate, and of none Effect, to all Intents and Purposes whatsoever...
Page 865 - Inland bill of exchange, draft or order to the bearer, or to order, either on demand or otherwise, not exceeding two months after date, or sixty days after sight, of any sum of money, Amounting to 40s.
Page 867 - All drafts or orders for the payment of any sum of money to the bearer on demand, and drawn upon any banker or...
Page 866 - And the following instruments shall be deemed and taken to be inland bills, drafts, or orders, for the payment of money, within the intent and meaning of this schedule, viz.
Page 870 - Whereas by the laws now in force, all contracts and assurances whatsoever for the payment of money made for a usurious consideration are utterly void, and whereas, in the course of mercantile transactions, negotiable securities often pass into the hands of persons who have discounted the same without any knowledge of the original consideration for which the same were given, and the avoidance of such securities in the hands of such bona fide indorsees without notice is attended with great hardship...
Page 657 - ... limitation or prescription ; and that it shall and may be lawful and competent, at any time after the expiration of the said six years, in either of the cases before mentioned, to prove the debts contained in the said bills and promissory notes, and that the same are resting and owing by the oaths or writs of the debtor.