The Journal of Jurisprudence, 3. köideT.T. Clark, 1859 |
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Page 20
... bill or promissory note . Bills are the creation of mercantile usage ; but originally , by the common law , promissory notes for the payment of money were ineffectual unless in the regular form of deeds ( Ersk . 3 , 2 , 24 ) . Summary ...
... bill or promissory note . Bills are the creation of mercantile usage ; but originally , by the common law , promissory notes for the payment of money were ineffectual unless in the regular form of deeds ( Ersk . 3 , 2 , 24 ) . Summary ...
Page 22
... bill , with interest , " was not a promissory note ; it was an obligation to grant a bill , conditional on failure of payment . But , on the other hand , the same objection did not apply where the writing was a promise to pay , and ...
... bill , with interest , " was not a promissory note ; it was an obligation to grant a bill , conditional on failure of payment . But , on the other hand , the same objection did not apply where the writing was a promise to pay , and ...
Page 24
... bill raises . Before we can say there is any liability , we must first see whether , and to what extent , there are funds realised . " the or money payee may Non - onerosity . - Every bill or note is presumed to have been granted for ...
... bill raises . Before we can say there is any liability , we must first see whether , and to what extent , there are funds realised . " the or money payee may Non - onerosity . - Every bill or note is presumed to have been granted for ...
Page 25
... bill by fraud from the indorser , or to whom it has been indorsed , by collusion with the indorser , for the purpose of cheating creditors , would not be likely to confess that he was not a bona fide holder , or to furnish written ...
... bill by fraud from the indorser , or to whom it has been indorsed , by collusion with the indorser , for the purpose of cheating creditors , would not be likely to confess that he was not a bona fide holder , or to furnish written ...
Page 26
... bill without notice that it was given for a gaming debt . 4. That such a bill cannot be recovered by one who is not an oner- ous holder , or one who had notice and knowledge of its nature and origin . 5. That a debt arising out of bets ...
... bill without notice that it was given for a gaming debt . 4. That such a bill cannot be recovered by one who is not an oner- ous holder , or one who had notice and knowledge of its nature and origin . 5. That a debt arising out of bets ...
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Common terms and phrases
Act of Parliament action agent alleged allowed amount appear apply appointed Ardmillan authority bank bill charge circumstances claim clause Clippens common law consent contract conveyance Court of Session creditors damages death debt decision declared decree deed defender directors domicile Dr Cochrane duty Edinburgh effect England entitled evidence executor expenses fact favour Fees fraud Glasgow Grand Junction Canal granted ground heir held heritable House of Lords III.-NO issue judge judgment jurisdiction jury justice lands law of Scotland legitim liable Lord Advocate Lord Ordinary marriage matter ment Meter monomania moveable objection opinion paid Parliament parties payment person plaintiff pleaded possession present principle proceedings provision purchase purpose pursuer question railway reference regard residence respect rule Scotch shareholders shares Sheriff Sheriff Court statute teinds testator theft tion trial trustees verdict vested Vict whole