The Bills of Exchange ACT, 1882; (45 & 46 Vict. C. 61). with Explanatory Notes and Decisions, and Also an Appendix

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 Excerpt: ...the bill is what it purports to be, that he has a right to transfer it, and that at the time of transfer he is not aware of any fact which renders it valueless (e). (a) See notes (h) and (k) to sect. 2 of this Act and note (m) to sect. 3 of this Act. (6) See Story on Bills, s. 109. Thus in Ex parte Roberts, 2 Cox, Equity Cases, 171, it was held that a mere discount of a bill without the indorsement of the party who receives the money does not give and 47. the holder of the bill any claim against him; see also Fenn v. Harn-SS. 58, 59. son, 3 T. R. at p. 761, where Buller, J., said: "The acceptor, the drawer, and the indorsers of a bill are all liable in their turns, but they delivery and are only liable because they have written their names on the bill. But transferee. this is an attempt to make some other persons liable, whose names do not appear on the bill;" see further the judgment of Park, J., in Evans v. Whyle, 5 Bing. at p. 488; and also notes (A) and (k) to sect. 2 of this Act. (c) So held: Jones v. Byde, 5 Taunt. 488; Ourney v. Womersley, 24 L. J. Q. B. 46; Fenn v. Harrison, 3 T. R. at p. 761; Camidge v. Allenby, 6 B. & C. 373, at p. 385; Oompertz v. Bartlett, 2 E. & B. 849; Story on Bills, s. 111. Discharge Of Bill. 59.--(1.) A bill is discharged by payment in due course. Payment in by or on behalf of the drawee or acceptor (z). due course "Payment in due course" means payment made at or &82,sub"s.(c). after the maturity of the bill (y) to the holder thereof (x) ind. Act, us. 10 in good faith and without notice (w) that his title to the 78bill is defective. (2.) Subject to the provisions heinafter contained, when a bill is paid by the drawer or an indorser it is not discharged (v); but (a) Where a bill payable t...