Imágenes de páginas
PDF
EPUB

TITLE 2.

SBC. 8. When unconditional promise to accept, to be deemed acceptance.

9. Refusal to accept on bill when required, deemed refusal to accept.
10. Rights of drawers of bills on previous promise to accept, not affected.
11. When destruction of bill or refusal to return it, deemed acceptance.
12. When registry of inhabitants of New York to be kept by clerk.
13. Inhabitants to register names and places to which notices, etc., to be sent.
14. Drafts, etc., may be presented, and notices, etc., served, at place

designated.
15. If registry not made, drafts, etc., may be presented to clerk.
16. And notices, etc., may be served by leaving at post-office.
17. When preceding provisions not to operate.
18. Rates of damages on protest for non-payment of bills of exchange.
19. Damages in lieu of interest, etc., to time of notice of non-payment.
20. If bill payable in money of United States, rate of exchange not to be

regarded. 21. If payable in foreign currency, amount due to depend on rate of exchange. 22. Rate of damages on protest of bill for non-acceptance. 23. Purchasers of bills only to recover damages herein allowed.

(768)

176; 5

SECTION 1. All notes in writing, made and signed by any person, Promis. whereby he shall promise to pay to any other person, or his order, barya bites or to the order of any other person, or unto the bearer, any sum of Dedeer or to money therein mentioned, shall be due and payable, as therein ex- gotiable. pressed; and shall have the same effect, and be negotiable in like effect. manner, as inland bills of exchange, according to the custom of mer- 29; 2 Hit., chants.

527; 39

Barb , 45; 57 N. Y., 73; 52 N. Y., 1; 54 N. Y., 234; 46 How. Pr. R., 411; 44 How. Pr. R., 7; 60 N. Y., 265; 61 N.

Y., 251; 14 Hun, 193; 64 N. Y., 155; 66 N. Y., 14; 22 Hun, 354. [1 R. L., 151.] § 2. Every such note, signed by the agent of any person, under a Signature

by agent. general or special authority, shall bind such person, and shall have the same effect, and be negotiable, as above provided. (1 R. L., 151.)

Corpora§ 3. The word “person,” in the two last preceding sections, shall tions in be construed to extend to every corporation, capable by law of mak- 23 Barb., ing contracts.

Denio, 667, § 4. The payees and endorsees of every such note payable to them 577.

Actions by or their order, and the holders of every such note payable to bearer, payees, enmay maintain actions for the sums of money therein mentioned, and against the makers and endorsers of the same respectively, in like holders. manner as in cases of inland bills of exchange, and not otherwise. (1 R. L., 151.] § 5. Such notes, made payable to the order of the maker thereof, Effect

when pay: or to the order of a fictitious person, shall, if negotiated by the able to

of maker, have the same effect, and be of the same validity, as against maker, etc. the maker and all persons having knowledge of the facts, as if pay- 2 Sanár. s able to bearer.

E.D. Smith, 85;1 Bosw., 205; 9 J. & S., 215; 7 Daly, 137; 61 N. Y., 251; 79 N. Y., 536. $ 6. No person within this state shall be charged as an acceptor Accepton a bill of exchange, unless his acceptance shall be in writing, in writing, signed by himself, or his lawful agent.

15 Hun, 405; 8J.&S , 15; 9 N. Y., 584;

8 N. Y., 398; 5 Hill, 413; 2 Hill, 583; 1 Hill, 84, 584; 5 Duer, 377; 10 Abb., 59; 46 N. Y., 88; 3 Bosw., 512; 6 id., 291; 2 Ďuer, 121; 54 N. Y., 234, 32 Hun, 398; 101'n. Y.,

447; 83 N. Y., 318. 7. If such acceptance be written on a paper, other than the bill, Effect of it shall not bind the acceptor, except in favor of a person to whom ance on such acceptance shall have been shown, and who, on the faith thereof, paper.

C., 138; 4

&c.

9 N. Y., shall have received the bill for a valuable consideration.

Bosw., 512; 5 id., 291.

435, 441; 3

TITLE 2.

to accept

459; 5

bill or re

when ac

§ 8. An unconditional promise, in writing, to accept a bill before Written it is drawn, shall be deemed an actual acceptance, in favor of every promises

person who, upon the faith thereof, shall have received the bill for a 57 N. Y.,

valuable consideration. Bosw., 290; 9. N. Y., 441; 5 Hill, 432; 5 Duer, 583; 17 Wend., 508; 46 N. Y., 88; 3 Bosw., 512; 3 J. & S., 162 ; 15 Hun, 405; 8J. & S., 15; 17 W. D., 538; 10 Daly, 367; 32 Hun, 398; 83 N.Y., 318; 101 N.Y., 442. Refusal to $ 9. Every holder of a bill, presenting the same for acceptance, accept on bill. may require that the acceptance be written on the bill. A refusal to

comply with such request, shall be deemed a refusal to accept, and Rights of the bill may be protested for non-acceptance. drawers in certain § 10. The four last sections shall not be construed to impair the to me, not right of any person, to whom a promise to accept a bill may have affected. been made, and who, on the faith of such promise, shall have drawn

(769) 5 Duer, or negotiated the bill, to recover damages of the party making such 377, 583; 37 N. Y., 116. promise, on his refusal to accept such bill. Destroying

§ 11. Every person, upon whom a bill of exchange is drawn, and fusal to

to whom the same is delivered for acceptance, who shall destroy return it,

such bill, or refuse, within twenty-four hours after such delivery, or ceptance. 11 Hun, within such other period as the holder may allow, to return the bill, 26, 37. Hun, accepted or non-accepted, to the holder, shall be deemed to have

accepted the same. In case of $ 12. Whenever the board of health of the city of New York, or pestilence, in New any other competent authority, shall, by public notice, designate any registry of portion or district of the said city as being the seat of any infectious inhabitants to be kept

or contagious disease, and declare communication with such portion by clerk.

or district dangerous, or shall prohibit such communication, it shall be the duty of the clerk of the said city and county, during the continuance of such disease in such district, to provide and keep in his office a book, for the purpose of registering in alphabetical order, the names, firms, and places of business of any inhabitant of the city, who shall desire such registry to be made.

[L. 1826, 12, 98 1 and 2.] Inhabi. § 13. It shall be the duty of all persons and firms usually resident, register or doing business, within such infected district, to register in the their names, and book so provided by the said clerk, their names or firms, with the Blasiness place or places out of such infected district, but within the county of

New York, to which they may have removed the transaction of their business, or to which they may desire any notices to be sent or

served, or any notes, drafts or bills, to be presented for acceptance Fee of

or for payment. The sum of twenty-five cents may be claimed and Register

received by the said clerk for every such registry; but the book in amined

which the same shall be entered shall be, at all times during office gratis.

hours, open to public examination, free of all charges.

[L. 1826, 12, SS 1 and 2.] Accept ances, &c., § 14. During the continuance of any such disease in such infected

district, all drafts, notes and bills which by law are required to be

presented for acceptance or for payment, may be presented for such Notices, &c., may

purpose at the place so designated in such registry; and all notices of at designs. non-acceptance and of non-payment, of any note, draft, or bill, or of ted place. protest, for such non-acceptance or non-payment, may be served by

leaving the same, at the place so designated.

[The same.)

tants to

&c.

clerk.

may be ex.

may be de manded.

TITLE 2.

to clerk.

office.

§ 15. In case any person or firm, usually resident or doing business within ich infected district, shall neglect to make and cause to be entered in the book so provided, the registry herein required, all not endo notes, drafts or bills, which by law are required to be presented to drafts. &c., such person or firm for acceptance or payment, may be presented to presented the said clerk of the city and county of New York, during the continuance of such disease, at any time during office hours, and demand of acceptance or payment thereof, may be made of the said clerk, to the same purpose and with the same effect, as if the same had been

(770) presented, and acceptance or payment demanded, of such person or firm, at their usual place of doing business. [The same.]

§ 16. In case of the omission to make the registry herein !e- And poquired, all notices of the non-acceptance or non-payment of any note, may be left draft or bill, or of protest for such non-acceptance or non-paynient, at postmay be served on any person or firm, usually resident or doing business within such infected district, by leaving the same at the postoffice for the said city of New York; which service shall be as valid and effectual as if the notices had been served personally, on such person, or one of such firm, at his or their usual place of doing business. (L. 1823, 268.]

$ 17. Whenever proclamation shall be made by the board of When pes. health, or other proper authority of the city of New York, that an deemed to infectious or contagious disease in any such infected district has sided. subsided, it shall be deemed to have subsided, for all the purposes contemplated in this title. [L. 1826, 12, §§ 1 and 2.]

18. The rate of damages to be allowed and paid upon the usual Damages protest for non-payment of bills of exchange, drawn or negotiated payment within this state, shall, in the following cases, be as follows:

1. If such bill shall have been drawn upon any person or persons Robt., 117; at any place in either of the states of Maine, New Hampshire, Ver- 3 Sandr., mont, Massachusetts, Rhode Island, Connecticut, New Jersey, Penn- Bills on sylvania, Ohio, Delaware, Maryland or Virginia, or in the District of Columbia, three dollars upon the hundred, upon the principal and west:

. sum specified in such bill:

2. If such bill shall have been drawn upon any person or persons on certain at any place in either of the states of North Carolina, South Caro- and westlina, Georgia, Kentucky or Tennessee, five dollars upon the hundred, ern states. upon the principal sum specified in such bill:

3. If such bill be drawn upon any person or persons at any place, On other in any other state or territory of the United States, or at any other states and place on, or adjacent to, this continent and north of the equator, or this conti. in any British or other foreign possessions in the West Indies, or elsewhere in the western Atlantic ocean, ten dollars upon the hundred, upon the principal sum specified in such bill: (L. 1819, 34.]

4. If such bill shall have been drawn upon any person or persons Bills on at any port or place in Europe, ten dollars upon the hundred, upon Europe. the principal sum specified in such bill.

3 How. Pr. R., 60; 6

213.

certain northern

nent, etc.

tain interest,

etc.

(7711

ence to

U. States.

TITLE 2. § 19. Such damages shall be in lieu of interest, charges of protest, Damages and all other charges incurred previous to and at the time of giving lieu of cer. notice of non-payment; but the holder of such bill shall be entitled

to demand and recover lawful interest upon the aggregate amount charges, of the principal sum specified in such bill, and of the damages

thereon, from the time at which notice of protest for non-payment shall have been given, and payment of such principal sum shall have been demanded.

[L. 1819, 34.] No refer.

§ 20. If the contents of such bill be expressed in the money of acrate of ex. count of the United States, the amount due thereon, and of the damwhen pay. ages herein allowed for the non-payment thereof, shall be ascertained money of and determined, without any reference to the rate of exchange, exist

ing between this state and the place on which such bill shall have
been drawn, at the time of the demand of payment, or of notice
non-payment.

[L. 1819, 34.] Otherwise

§ 21. If the contents of such bill be expressed in the money of when pay. able in for. account or currency of any foreign country, then the amount due, rency. exclusive of the damages payable thereon, shall be ascertained and

; 18 Abb.Pr., determined by the rate of exchange, or the value of such foreign

currency, at the time of the demand of payment.

[L. 1819, 34.] .Damages § 22. Where a bill of exchange shall be protested for non

acceptance, the same rate of damages shall be allowed on the protest 18 Abb Pr., for non-acceptance, as provided in the four last sections; and shall.

be in lieu of interest, charges of protest, and all other charges incurred previous to, and at the time of giving notice of non-acceptance; but the holder shall be entitled to recover interest upon the aggregate amount of the principal sum specified in the bill and of the damages thereon, from the time at which notice of protest for nonacceptance shall have been given.

[Act concerning the Revised Statutes, passed December 10, 1828, § 15, subd. 30.] Who to re- § 23. The damages allowed by this title, shall be recovered only damages. by the holder of a bill who shall have purchased the same, or some

interest therein, for a valuable consideration.

[The same.]

45.

on non-ac. ceptance of bills.

45.

cover such

[Supplementary Title.]

TITLE 24.

Of miscellaneous Instruments for the Payment of Money. L. 1835, Chap. 141 - An act in relation to bills of exchange and promis

sory notes.

Notice of protest, how to be given SECTION 1. In all cases where a notice of nonacceptance of a bill of exchange, or non-payment of a bill of exchange, promissory note, or other negotiable instrument may be given by sending the same by mail, it shall be sufficient if such notice be directed to the city or town where the person sought to be charged by such notice resided at the time of drawing, making or endorsing such bill of exchange, promissory note or other negotiable instrument, unless such person at the time of affixing his signature to such bill

, note or other negotiable instrument, shall in addition thereto specify thereon the post-office to which he may require the notice to be addressed.

Saving clause. 82. Nothing in this act shall apply to bills of exchange, promissory notes, or other negotiable instruments made or drawn before this act takes effect.

3 N. Y., 444; 25 Barb., 140 ; 7 Hill, 444; 24 Wend., 234 • 23 Wend., 620; 21 Wend., 12; 19 Wend., 384 ; 45 Barb., 666; 9 Bosw., 308.

L. 1857, Chap. 416– An act in relation to commercial paper. Sight drafts. SECTION 1. All bills of exchange or drafts, drawn payable at sight at any place within this state, shall be deemed due and payable on presentation, without any days of grace being allowed thereon. 49 N. Y., 269.

Checks, bills of exchange, etc. 82. All checks, bills of exchange or drafts, appearing on their face to have been drawn upon any bank or upon any banking association or individual banker, carrying on banking business under the act to authorise the business of banking, which

are on their face payable on any specified day or in any number of days after the date or sight thereof, shall be deemed due and payable on the day mentioned for the payment of the same, without any days of grace being allowed, and it shall not be necessary to protest the same for non-acceptance. 49 N. Y., 269.

Manner of protesting. 8 3. Whenever the residence or place of business of the endorser of a promissory note, or of the drawer or endorser of a check, draft or bill of exchange, shall be in the city or town, or whenever the city or town indicated under the endorsement or signature of such endorser or drawer, as his or her place of residence, or whenever in the absence of such indication, the city or town where such e.idorser or drawer, from the best information obtained by diligent inquiry, is reputed to reside or have a place of business, shall be the same city or town where such promissory note, check, draft or bill of exchange is payable or legally presented for payment, or acceptance, all notices of non-payment and of non-acceptance of such promissory note, check, draft or bill of exchange may be served by depositing them, with the postage thereon prepaid, in the post-office of the city or town where such promissory note, check, draft, or bill of exchange was payable or legally presented for payment or acceptance, directed to the endorser or drawer, at such city or town. 51 N. Y., 144 ; 9 Bosw., 308.

Restriction. § 4. This act shall take effect on the first day of July next, but shall not apply to any bills of exchange, checks, drafts or promissory notes bearing date prior to that time.

L. 1865, Chap. 309-An act in relation to evidence in actions on bills

of exchange or promissory notes or bank checks. Protest of foreign bills. SECTION 1. Any bill of exchange, promissory note or bank check which by its terms is payable in any of the states or territories of the United States other than this state, or in any foreign country, may be presented for acceptance or payment, and demand of such acceptance or payment, and protest for refusal to accept or to pay the same, and notice of such presentment, demand, refusal and protest may be made, according to the laws of such other state, territory or foreign country. [The remainder of this section repealed by L. 1877, ch. 417.]

« AnteriorContinuar »