Law Commons^™

Bills And Notes, Frank C. Jones

Mercer Law Review

Although the number of cases assigned to this category is greater than for the first survey period-an increase from six to seventeen-there are no significant decisions among the group. The appellate courts repeated a number of well-known principles and considered an occasionally novel factual situation, but they left the law of bills and notes essentially undisturbed. There have been no legislative changes whatsover during this period. In the main these cases dealt with the attempted assertion of various defenses by maker, drawer, drawee and indorser. Almost without exception these were personal defenses, urged in controversies between the original parties.

In …

King V. Mortimer [Dissent], Jesse W. Carter

Jesse Carter Opinions

Certificate holders could not recover the difference between the price at which their assignors sold their certificates and the face amount thereof because they failed to show there was any matured claim or debt due at the time they sold them.

Bills And Notes-Indorsements-Liability Of Collecting Bank To Drawer For Payment On Forged Indorsement, Richard Darger

Michigan Law Review

Plaintiff was the drawer of a series of checks which were signed by, an authorized agent because of the fraudulent representation of one of its employees. These checks were never delivered to the payees but were cashed by defendant bank for the guilty employee upon indorsements forged by him. Defendant indorsed the checks and collected thereon from the drawee bank which, in turn, charged the checks to plaintiff's account. Plaintiff discovered the fraud after the statute of limitations had run on any action by plaintiff against the drawee bank. Plaintiff brought this action seeking recovery on the basis of (1) …

Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge

Washington Law Review

What is this statutory creature, the deposit owned in joint tenancy with right of survivorship?

Bills And Notes-Indorsee Taking An Incomplete Instrument As A Holder In Due Course, Cleaveland J. Rice S.Ed.

Michigan Law Review

Plaintiff purchased from the payee defendant's note which was blank as to amount, date, and provisions for installment payments. Plaintiff immediately filled up the blanks in accordance with actual authority given by defendant. Held, plaintiff took free of an agreement between defendant and payee that the note was not to be negotiated until completion of work for which note was given, plaintiff having no knowledge of such agreement. First National Bank of Springfield v. Di Taranto, (N.J. Super. Ct., App. Div. 1950) 75 A. (2d) 907.

Usury And Purchases On Credit, Harold G. Christensen S.Ed.

Michigan Law Review

Defendant purchased goods of the plaintiff on credit, giving his note, secured by a chattel mortgage, for the balance of the purchase price. The total price included a "time price differential" which exceeded the lawful rate of interest computed on the unpaid balance. Defendant defaulted in payment of the note and plaintiff sued to recover the goods. Defendant pleaded that the mortgage and note included usurious interest. Held, there was a bona fide sale on credit and the note was not usurious. Brown v. Crandall, (S.C. 1950) 61 S.E. (2d) 761.

Bills And Notes-Right Of Drawer Of Check Paid On Payee Forgery To Sue Collecting Bank When Action Against Drawee Is Barred By Limitations [California Mill Supply Corp. V. Bank Of America National T. & S. Ass'n, Cal. 1950].

Washington and Lee Law Review

No abstract provided.

Bills And Notes-Limitation Of Actions-Running Of The Statute Of Limitations Against The Holder Of A Check, Gordon I. Ginsberg

Michigan Law Review

Defendant issued a check to plaintiff's intestate on July 1, 1942 for services rendered. On April 21, 1943, the payee deposited the check in her bank, but it was returned to her uncollected because the bank on which it was drawn refused to make payment on account of its "stale" date. Nothing further was done to enforce payment of the check during the payee's lifetime, and she died on September 20, 1948. This action on the check was brought by her administrator on July 28, 1949. On appeal from a judgment for plaintiff, held, the action is barred by …

Indorsement Of A Check By A Person Of The Same, Or Similar, Name To That Of The Payee--Keck V. Browne, Robert F. Stephens

Kentucky Law Journal

No abstract provided.

Gift By Check--Hale V. Hale, James F. Hoge

Kentucky Law Journal

No abstract provided.

Joint Tenancy In Washington Bank Accounts, Ivan C. Rutledge

Articles by Maurer Faculty

No abstract provided.