Cases Decided in the Court of Claims of the United States Volume 18

Cases Decided in the Court of Claims of the United States Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 edition. Excerpt: ...L. R., 10 Exchequer, 337; affirmed, 1 App. Cas., 476.) 6. The neglect of the previous holders to give notice of the loss of the securities to these purchasers will inure to the protection of an honestly acquired title. (Vermilye v. Express Co., 21 Wall., 145; Orleans v. Piatt, 99 U. S. R., 682; Merchants1 Bank v. State Bank, 10 Wall., 604; Grant v. Vaughan, 3 Burr, 1516; Byles on Bills, 361.) 7. The alterations of the numbers on the bonds have no effect to avoid them in the hands of the purchasers. Even if the alteration be deemed material, having been effected by strangers, it is regarded by our law as mere spoliation. The English doctrine that the material alteration by a stranger avoids an instrument is repudiated in this country. (2 Parsons, Bills and and Notes, 574; 2 Dan. Neg. Insts., 349; United States v. Linn, 1 How., 110; United States v. Spaulding, 2 Mason, 482; Hunt v.. Gray, 35 N. J., 233; Fullerton v. Sturges, 4 Ohio S. R., 536; Bigelow v. Stilphen, 35 Vt., 521.) 8. A subsequent innocent holder can no more be affected by the act of a spoliator, in altering such a security, than any person acquiring a title antecedent to the alteration. Comm. v. Emigrant Industrial Savings Bank, 98 Mass., 18; City of Elizabeth v. Force, 29 N. J. Eq., 591; Birdmll v. Russell, 29 N. Y., 220; 11 Opin. Att. Gen., 260.) Mr. Howard G. Gady for the Manhattan Savings Institution: 1. These bonds were redeemable and payable three months after "call." The words in the bond "payable July 1, 1885," are to be construed with the whole instrument and the statutes, which every man is presumed to know. (Rev. Stat., 3697.) A note payable in terms thirty days after date is by law payable thirty-three days after date, and when reference is more

Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • United States
  • English
  • black & white illustrations
  • 1236790219
  • 9781236790217