| 1899 - 1224 pages
...necessary to pass the title from the indorser to the indorsee.1 Immaterial Parts of Indorsement. — In an action by the indorsee against the maker of a promissory note words which do not restrict or qualify the transfer need not be noticed.2 (c) Effect of Statutory Form.... | |
| Alexander James Dallas - 1905 - 560 pages
...writ returnable at March, instead of June term. (a) In Barriere 9. Nairac, 2 Dalí. 249, which was an action by the indorsee, against the maker of a promissory note, judgment was arrested, after a writ of inquiry of damages returned, because it appeared from the declaration,... | |
| John Campbell Allen - 1850 - 788 pages
...of assumpsit, and is not confined to actions of tort. Bank of British North America v. Fisher. 606 In an action by the indorsee against the maker of a promissory note, the defendant pleaded that the note was discounted by the plaintiff on a usurious contract. Replication... | |
| Joseph Asbury Joyce - 1907 - 1244 pages
...mental incapacity is held to be sufficiently established by a preponderance of the evidence. 220 But in an action by the indorsee against the maker of a promissory note, it has been held no defense to prove that the plaintiff procured the indorsement by undue influence... | |
| Walter Edwin Lear - 1911 - 586 pages
...release for costs only is not sufficient. Maundrell v. KennettP) is exactly in point. That case was an action by the indorsee against the maker of a promissory note : the defence was, that it was an accommodation note, and had been indorsed to the plaintiff after... | |
| Thomas Johnson Michie - 1914 - 854 pages
...fide holder, without notice of the illegality, unless he obtained the bill after it became due. Thus, in an action by the indorsee against the maker of a promissory note, the defense insisted on was, that the note had been given for hits against the defendant in a lottery... | |
| Joseph Asbury Joyce, Howard Clifford Joyce - 1924 - 1184 pages
...s Peaslee v. Robbins, 44 Mass. (3 Mete.) 164. established by a preponderance of the evidence.1" But in an action by the indorsee against the maker of a promissory note, it has been held no defense to prove that the plaintiff procured the indorsement by undue influence... | |
| New Brunswick. Supreme Court, Ward Chipman, Sir John Campbell Allen, Allen Otty Earle, Thomas Carleton Allen, George F. S. Berton, David Shank Kerr, George B. Seely, James Hannay, William Pugsley, Arthur I. Trueman, George Wheelock Burbidge, George W. Allen, John L. Carleton, William Henry Harrison, Ernest Doiron, Douglas King Hazen - 1864 - 694 pages
...support of the rule. Cur. adv. vult. PARKER, J., now delivered the judgment of the Court. 1859. This was an action by the indorsee against the maker of a promissory note dated the 18th December 1854, payable in ug«<*<* four months after date. The note was made payable... | |
| 1922 - 1320 pages
...of the defect. McKn'iglit v. Parsons, 22 LRA (XS) 718, 130 Iowa, 390, 113 N. VV. 858. (Annotated) h. In an action by the indorsee against the maker of a promissory note proof by the defendant that the note was fraudulently obtained from him puts the plaintiff to proof... | |
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