The Victorian Reports Volume 1

The Victorian Reports Volume 1

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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. 1876 edition. Excerpt: ...denied the indorsement by such company to the plaintiffs. At the trial a verdict was entered, by consent, for the plaintifis, subject to a special case for the opinion of the Court, upon such second issue. The case, so far as material, stated that the company was registered under the "Mining Companies I/imited Liability Act 1864" (No. 228); that the directors (of whom the defendant was one) and the manager obtained an overdraft from the plaintiffs, upon depositing promissory notes of the shareholders to a certain amount, as security. The defendant gave his promissory note, which was now sued upon, payable to such company or order. The note was indorsed by two directors (of whom defendant was one) and the manager, and with the seal of the company, and was handed over to the plaintifis. The note was given for the accommodation of the company to enable it to obtain an overdraft; there was no other consideration; and the money was advanced by way of overdraft to the company. Williams (Wcilker with him) for the plaintifl's--Though this mining company is not a trading company, and is not capable of making itself liable by indorsement, it may nevertheless pass the property in the note by indorsing it: Smith v. Johmon ((1, ). FELLOWS, J. The company, in that case, was a trading company. (a) 3 H. dz N., 222; 27 L. J., Ex., 363. 1875 The indorsement of a mining company was held to pass the--l3'A; p-_ property, in Halifax v. Lyle (b). The defendant, as maker of a Vlcfilm' promissory note payable to the order oft the payee, is estopped B1'"'"-from disputing the capacity of the payee to indorse (0): Goombs v. M'D0ug(1ll (J), Drag/ton v. Dale (e). Bateman v. Mid Wales Railway Company (f) is distinguishable, more

Product details

  • Paperback | 274 pages
  • 189 x 246 x 15mm | 494g
  • United States
  • English
  • black & white illustrations
  • 1236835956
  • 9781236835956