Law Commons^™

Waiver Of Protest: A Comparative Study, Raúl Olivera Y Borges

Michigan Law Review

Parallel to the study of protest, it is pertinent to consider the nature and legal effects of exempting clauses which, while not essential, may be found in bills of exchange. Waiver of protest appears to have been introduced by the practice in France during the first third of the nineteenth century. It is generally used to moderate the consequences of non-payment, by a drawer who lacks confidence in the solvency of the drawee, or who fears that he may not be able to provide the necessary funds before maturity. The drawer can thus spare the susceptibilities of a drawee who …

Promissory Notes In The Legislations Of The Americas, Juan Octavio Díaz Lewis

Michigan Law Review

It has rightly been said that the promissory note is the Cinderella of negotiable paper. It is indeed strange that this instrument, widely used in most countries, is accorded only a few words in the legal textbooks and a few sections in the respective statutes. The purpose of the present study is not to rescue promissory notes from their present position of obscurity, but rather to present a unified classification of the specific provisions relating thereto, which are in force at the present time in the legislations of the American continent.

Bills And Notes--Irregular Indorsers--Parol Evidence

Michigan Law Review

Defendant signed a note otherwise than as maker. Held, error to exclude evidence that he was a co-maker. Glick v. Lieb, (App. Div. N.Y., 1944) 53 N.Y. Supp. (2d) 80.

Acceptance By Intervention In Bills Of Exchange, Salvador Ltriago

Michigan Law Review

Intervention is an act whereby a person becomes a party to a negotiable instrument, whether by accepting the bill or by paying the sum indicated thereon, in order to relieve one of the obligors on the bill from the action of recourse that the holder could assert against him in consequence of default of acceptance or payment by the drawee.

The complexity of the material to be discussed renders it necessary, in order to clarify the development of the exposition, for us to advance several concepts, which will later be considered more fully at the proper places.

Creditors' Rights-Garnishment-Contents Of Safety Deposit Box Rented To Judgment Debtor Reached By Garnishing Lessor, Craig E. Davids S.Ed.

Michigan Law Review

Execution against the judgment debtors having been returned unsatisfied, plaintiff secured a writ of garnishment from the municipal court against the defendant bank in November 1935. The garnishee's disclosure indicated that it held a small amount of cash with other collateral as security for loans made to the judgment debtors and the unknown contents of a safety deposit box. The box was rented by the judgment debtors in the usual manner and access to it could be gained only by simultaneous use of two keys-a master key retained by the bank and another key issued to the customer. The garnishee …