Leading Cases in the Commercial Law of England and Scotland: Selected and Arranged in Systemtic Order, with NotesT. & J.W. Johnson, 1854 - Commercial law |
Common terms and phrases
acceptor accommodation bill action afterwards alteration amount appears assignment assumpsit Bank Bank of England bankers bankrupt became due bill of exchange bill or note bill payable blank bonâ fide cheque circumstances considered contended contract count Court creditor custom of merchants debt debtor declaration deed defendant defendant's discharged dishonour document drawer effect England entitled to recover evidence fact foreign bill fraud given ground hands held holder honour indorser inland bills instrument judgment jury Justice laches law merchant law of France letter lex fori liable London Lord Ellenborough Lord Mansfield Lord TENTERDEN ment negotiable non-acceptance non-payment nonsuit opinion paid party payable to bearer payee payment person plaintiff plea prescription present promise to pay promissory note protest prove question reason refused rule Scotland stamp Statute Statute of Anne tion transaction transfer trial valuable consideration value received words writ or oath
Popular passages
Page 47 - Marryat was to have argued on the other side, but the Court said the case was too clear to admit of any doubt. The following certificate was afterwards sent:— This case has been argued before us, and we are of opinion that neither of the two instruments required such a stamp as *the Stamp Acts
Page 622 - 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
Page 500 - The jury, under the direction of the learned Judge, found a verdict for the plaintiffs, but liberty was reserved to the defendants to move to enter a nonsuit. A rule nisi having been obtained for that purpose,— The
Page 603 - the appellant. And it is further Ordered and Adjudged, that with this declaration the cause be remitted back to the Court of Session in Scotland, to do therein as shall be just and consistent with this judgment.
Page 233 - was an action by the indorsee of a bill of exchange against the acceptor. One of the grounds of defence was, that the bill had been accepted for a debt contracted in a smuggling transaction; and that although it had been indorsed for value before it became due to a
Page 177 - under circumstances which ought to have excited the suspicion of a prudent man, would have been a defence in an ordinary case, still the defendant, not having given notice to the public of his loss, is estopped from making that defence. Such notice might have prevented the plaintiff from discounting the bills.
Page 406 - Co. to send the notes to him for payment, he had either waived the necessity of notice, or at least must be considered as having had notice by anticipation ; and a verdict was found for the plaintiff. A rule having been obtained to show cause why the verdict should not be set aside, and a nonsuit entered, Bond,
Page 328 - no acceptance of any inland bill of exchange shall be sufficient to charge any person, unless such acceptance be in writing on such bill, or if there be more than one part of such bill on one of the said parts.
Page 428 - CJ, when the jury found a verdict for the plaintiff, subject to the opinion of this Court upon the following case. The defendant was the eighth and the plaintiff the eleventh indorser of the bill of exchange, which was indorsed by him to Bennett, and by him to Fletcher, and by him to Hordern & Co., bankers at
Page 319 - opinion of the Court was, Whether the plaintiffs were entitled to recover ? If the Court should be of that opinion, the present verdict to stand; if otherwise, a non-suit to be entered.