Tennessee Cases with Notes and Annotations; Being Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Not Heretofore Reported

Tennessee Cases with Notes and Annotations; Being Reports of Cases Argued and Determined in the Supreme Court of Tennessee, Not Heretofore Reported

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

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. 1898 edition. Excerpt: ...and unconditionally, a sum of money certain, at a time specified therein," and so held a note payable 'in current bank notes," not to be a promissory note, or negotiable, and so are numerous other decisions familiar to the profession. This definition has been held in our state to apply to due bills and like papers, as implying fairly an absolute undertaking to pay the sum named in money. See cases in note to T. & S. Code, sec. 1956 notes under sec. 3506 of Shannon's Code. Our act of 1702, chap. 9, and sec. 2, copied from statute of Anne, 3 & 4, ch. 9, sec. 1, Code, sec. 1956, is: "Every note whereby the maker promises to pay money to any other person or order, or to the order of any person, shall be deemed negotiable in the same manner as inland bills of exchange by the custom of merchants." It would seem from these authorities that these papers certainly are not in form promissory notes, nor are they in substance such instruments. They are not, nor do they fairly import, an absolute or unconditional or direct promise to pay money on the part of the maker or the corpora tion, to the payee. They are but orders from two of the officers of the corporation on a third officer, the treasurer, to pay money to the bearer or payee. They might well be held "evidences of debt" under the second sub-section of the Code referred to, and be the basis of a recovery, if a legal liability was authorized to be created against the corporation by such officers, but they do not have the character of promissory notes or notes of hand. It is true, in the case of Powers v. Nahm, 7 Heis., 583, this court held an acceptance by Powers of a paper in the following form, as included in our statute: "'Thirty days after date, ...show more

Product details

  • Paperback
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236762525
  • 9781236762528