The Transfer of Negotiable Paper As Collateral Security, Being the Sharswood Prize Essay of the University of Pennsylvania for the Year 1886, And the Johnson Prize Essay for the Same Year
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Churchill, 127 Mass. 31 ; Manning vs. McClure, 36 111. 496.
104 AS COLLATERAL SECUEITT. 23 an inaccurate and unscientific expression of the nature of what is to be implied, but is tantamount to saying that there can or cannot be' implied a request for forbear- ance. In Manning vs. McClure/ it is said " it is assumed that because the creditor does not expressly agree to give time he does not in fact give it ; he does not forbear to use remedies that he would have used but for the secur- ity. Now... the question is one of presumption, and that presumption must be drawn from the general experience of society. The question is, in the absence of any express agreement, what we must presume to have been the im- plied understanding of the parties at the time of the indorsement, in regard to further forbearance to be inferred from the nature of the transaction, and the objects which both parties had in view. We have no hesitation in saying that the assumption that time is not in fact given because it is not expressly agreed to be given, and that therefore the endorsee is not placed in a worse position by letting in the latent equities than he would have occupied if he had not received the note, is at variance with the general experience of all men whose business makes them cognizant of affairs of this charac- ter." The necessity of maintaining that collateral security is transferred on a good consideration is more apparent in the new States, where the uncertain condition of property, and the fluctuations in titles and pecuniary affairs make collateral security there more valuable than elsewhere, and the loss of it more frequently equivalent to the loss of the debt.
What to read after The Transfer of Negotiable Paper As Collateral Security, Being the Sharswood Prize Essay of the University of Pennsylvania for the Year 1886, And the Johnson Prize Essay for the Same Year?
You can find similar books in the "Read Also" column, or choose other free books by Smith, Lewis Lawrence, 1864-1931 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Churchill, 127 Mass. 31 ; Manning vs. McClure, 36 111. 496.
104 AS COLLATERAL SECUEITT. 23 an inaccurate and unscientific expression of the nature of what is to be implied, but is tantamount to saying that there can or cannot be' implied a request for forbear- ance. In Manning vs. McClure/ it is said " it is assumed that because the creditor does not expressly agree to give time he does not in fact give it ; he does not forbear to use remedies that he would have used but for the secur- ity. Now... the question is one of presumption, and that presumption must be drawn from the general experience of society. The question is, in the absence of any express agreement, what we must presume to have been the im- plied understanding of the parties at the time of the indorsement, in regard to further forbearance to be inferred from the nature of the transaction, and the objects which both parties had in view. We have no hesitation in saying that the assumption that time is not in fact given because it is not expressly agreed to be given, and that therefore the endorsee is not placed in a worse position by letting in the latent equities than he would have occupied if he had not received the note, is at variance with the general experience of all men whose business makes them cognizant of affairs of this charac- ter." The necessity of maintaining that collateral security is transferred on a good consideration is more apparent in the new States, where the uncertain condition of property, and the fluctuations in titles and pecuniary affairs make collateral security there more valuable than elsewhere, and the loss of it more frequently equivalent to the loss of the debt.
What to read after The Transfer of Negotiable Paper As Collateral Security, Being the Sharswood Prize Essay of the University of Pennsylvania for the Year 1886, And the Johnson Prize Essay for the Same Year?
You can find similar books in the "Read Also" column, or choose other free books by Smith, Lewis Lawrence, 1864-1931 to read onlineMoreLess
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