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" ... that the drawer had no effects in the hands of the drawee from the time the bill was drawn till the time it became due, he is liable, without proof of demand and notice. "
Summary of the Law of Bills of Exchange, Cash Bills, and Promissory Notes - Page 80
by Sir John Bayley - 1797 - 134 pages
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Commentaries on the Laws of England, Volume 2

William Blackstone - Law - 1800 - 680 pages
...fuch due notice, from all actions brought upon the bill; with this exception, if the holder can prove that the drawer had no effects in the hands of the drawee when the bill was difhonoured, he may flill recover againft the drawer, though he omitted to give him...
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Notes to Blackstone's Commentaries: Which are Calculated to Answer ..., Volume 5

Edward Christian - Law - 1801 - 284 pages
...fuch due notice,from alt actions brought upon the bill; with this exception, if the holder can prove that the drawer had no effects in the hands of the drawee when the bill was difhonourcd, he may fbill recover againft the drawer, though he omitted to give him...
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Reports of Cases Argued and Determined in the Courts of Common ..., Volume 1

Great Britain. Court of Common Pleas, John Bayly Moore - Law reports, digests, etc - 1818 - 636 pages
...the note in case of default by the maker. Although in Bicterdite v. Eollman (3), it was held, that if the drawer had no effects in the hands of the drawee from the time the bill was drawn, it was not necessary to give him notice of its dishonour; still, in Qaridge v. Da/tttn (c), Mr. Justice...
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A Practical Treatise on Bills of Exchange, Checks on Bankers, Promissory ...

Joseph Chitty - Foreign exchange rates - 1818 - 892 pages
...given to all the parties to whom the bolder ot giv«a. the bill means to resort for payment, and though proof that the drawer had no effects in the hands of the acceptor will be an excuse for want of notice with respect to him, it will not have that operation...
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A Treatise on the Law of Evidence, Volume 2

Samuel March Phillipps - Evidence (Law) - 1822 - 600 pages
...protest ' itself; but if he be at home, it is easy for him to ascertain that fact by making inquiry." Proof that the drawer had no effects in the hands of the Notice when drawee, dispenses with notice of the dishonour ( 1 ) ; or, to speak Jftfor premore correctly,...
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Reports of Cases Argued and Determined in the Court of Common ..., Volume 8

Great Britain. Court of Common Pleas, William Pyle Taunton - Law reports, digests, etc - 1823 - 942 pages
...default of payment by the maker. It is true, that, in Bickerdike v. Bottman (c\ it was held, that if the drawer had no effects in the hands of the drawee, from the time the bill was drawn, it was not necessary to give the drawer notice of the dishonour of the bill 5 but Ije Blartc 3. in...
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A Treatise on the Law of Evidence, Volume 2

Samuel March Phillipps - Evidence (Law) - 1823 - 554 pages
...itself; but if he be at home, it is easy for him to ascertain that fact by making inquiry." itice of dis- Proof that the drawer had no effects in the hands of the ' ° ' drawee, dispenses with notice of the dishonoured) or, to speak more correctly, notice will be dispensed with,...
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A Practical Treatise on Bills of Exchange: Checks on Bankers, Promisory ...

Joseph Chitty - Negotiable instruments - 1826 - 710 pages
...all Sthly. To "° the parties to whom the holder of the bill means to resort for payment, and though proof that the drawer had no effects in the hands of the£". ™u§t acceptor will be an excuse for want of notice with respect so him, it will not have that operation...
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Reports of Cases Determined in the Circuit Court of the United ..., Volume 1

United States. Circuit Court (3rd Circuit), Bushrod Washington - Law reports, digests, etc - 1826 - 620 pages
...either state that the bill was protested, or show that it was not incumbent on him to protest ; as, that the drawer had no effects in the hands of the drawee ; but, the omission Raker rx. Gallagher. can only be taken advantage of by special demurrer. 1 Salk....
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A Digest of the Law Relating to Bills of Exchange, Promissory Notes, and ...

Henry Roscoe - Bills of exchange - 1829 - 532 pages
...in the hands oj the drawee.] It is no answer to the want of notice in an action against an indorsee, that the drawer had no effects in the hands of the drawee. Thus where in such an action, the plaintiff's counsel offered to show that the drawee had no effects...
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