Elements of the Law of Bills, Notes, And Cheques And the English Bills of Exchange Act : for Students
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To quickly assess the difficulty of the text, read a short excerpt:
See Bank of United States v Bank of Georgia, 10 Wheat. 333, which goes still further. But see Koons v.
Davis, 84 Ind. 387, 389, which may be doubted.
3 Morris u. Bethell, L. R. 5 C. P. 47 ; Crout u. De Wolf, 1 R. L 393.
* Morris v. Bethell, supra; Cohen v. Teller, supra.
Sect. 4,] LEGAL OR ABSOLUTE DEFENCES. 201 cases in favor of the incompetent party, and, it may be added, as in contracts of the common law, in favor of him only. It matters not what false representations touching capacity may h...ave been made, as, for instance, by an infant that he is of age ; ' it matters not that, besides false representations of the kind, the paper has passed for value and without notice into the hands of an indorsee. In some States a contrary rule obtains with regard to unauthor- ized contracts made by a partner in trade in the name of his partnership.^ It does not follow in law, however, from the fact that incapacity is a defence to an action upon the party's sup- posed contract, that he may not have capacity, when a holder, to transfer the paper to another.
What to read after Elements of the Law of Bills, Notes, And Cheques And the English Bills of Exchange Act : for Students?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
See Bank of United States v Bank of Georgia, 10 Wheat. 333, which goes still further. But see Koons v.
Davis, 84 Ind. 387, 389, which may be doubted.
3 Morris u. Bethell, L. R. 5 C. P. 47 ; Crout u. De Wolf, 1 R. L 393.
* Morris v. Bethell, supra; Cohen v. Teller, supra.
Sect. 4,] LEGAL OR ABSOLUTE DEFENCES. 201 cases in favor of the incompetent party, and, it may be added, as in contracts of the common law, in favor of him only. It matters not what false representations touching capacity may h...ave been made, as, for instance, by an infant that he is of age ; ' it matters not that, besides false representations of the kind, the paper has passed for value and without notice into the hands of an indorsee. In some States a contrary rule obtains with regard to unauthor- ized contracts made by a partner in trade in the name of his partnership.^ It does not follow in law, however, from the fact that incapacity is a defence to an action upon the party's sup- posed contract, that he may not have capacity, when a holder, to transfer the paper to another.
What to read after Elements of the Law of Bills, Notes, And Cheques And the English Bills of Exchange Act : for Students?
You can find similar books in the "Read Also" column, or choose other free books by Bigelow, Melville Madison, 1846-1921 to read onlineMoreLess
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