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36th Legislative Assembly acceptance for honor act shall take acts in conflict Amending Section amount application appointed appropriated Approved March 21 board of county board of education bonds cattle sanitary board cause certificate CHAPTER clerk community property Compiled Laws conflict herewith corporation county commissioners county jail county superintendent deemed district court drawee drawer duty election enacted estray expenses filed fiscal force and effect funds grant hereafter hereby repealed herewith are hereby holder in due hundred dollars husband indorsement issued judgment lands lative levy liable license March 16 ment Mexico Mexico Military Institute misdemeanor necessary negotiable instrument owner paid party passage payable person plaintiff in error protest purpose record replevin salary Silver City Sub-Sec superintendent of public supreme court take effect territorial auditor territorial engineer territorial treasurer thereof thereto tion town or village wife writ of error
Сторінка 173 - Every holder is deemed prima facie to be a holder in due course; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as holder in due course.
Сторінка 167 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time.
Сторінка 165 - On or at a fixed period after the occurrence of a specified event, which is certain to happen, though the time of happening be uncertain. An instrument payable upon a contingency is not negotiable, and the happening of the event does not cure the defect.
Сторінка 148 - ... when the question is one of a common or general interest, of many persons, or when the parties are numerous, and it is impracticable to bring them all before the 'court, one or more may sue or defend for the benefit of all.
Сторінка 191 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.
Сторінка 169 - When a signature is forged or made without the authority of the person whose signature it purports to be, it is wholly inoperative, and no right to retain the instrument, or to give a discharge therefor, or to enforce payment thereof against any party thereto, can be acquired through or under such signature, unless the party, against whom it is sought to enforce such right, is precluded from setting up the forgery or want of authority.
Сторінка 190 - A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.
Сторінка 181 - ... 2. By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation ; 3. By the intentional cancellation thereof by the holder; 4. By any other act which will discharge a simple contract for the payment of money; 5. When the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Сторінка 187 - Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence.
Сторінка 186 - The protest must be annexed to the bill, or must contain a copy thereof, and must be under the hand and seal of the notary making it, and must specify — 1. The time and place of presentment ; 2. The fact that presentment was made and the manner thereof ; 3. The cause or reason for protesting the bill ; 4. The demand made and the answer given, if any, or the fact that the drawee or acceptor could not be found.