Report of the Board of Statutory Consolidation: Insurance law to Partnership law


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Sida 3794 - Every holder is deemed prima facie to be a holder in due course ; but when it is shown that the title of any person who has negotiated the instrument was defective, the burden is on the holder to prove that he or some person under whom he claims acquired the title as a holder in due course.
Sida 3257 - ... (1) By reason of any defect in the condition of the ways, works or machinery connected with or used in the business of the employer, which arose from or had not been discovered or remedied owing to the negligence of the employer or of any person in the service of the employer and entrusted by him with the duty of seeing that the ways, works or machinery were in proper condition...
Sida 3783 - Authorizes the sale of collateral securities in case the instrument be not paid at maturity; or 2. Authorizes a confession of judgment if the instrument be not paid at maturity; or 3. Waives the benefit of any law intended for the advantage or protection of the obligor; or 4. Gives the holder an election to require something to be done in lieu of payment of money. But nothing in this section shall validate any provision or stipulation otherwise illegal.
Sida 3805 - Where the instrument is paid by a party secondarily liable thereon it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except: 1.
Sida 3808 - Presentment for acceptance is excused and a bill may be treated as dishonored by non-acceptance, in either of the following cases: 1. Where the drawee is dead, or has absconded, or is a fictitious person or a person not having capacity to contract by bill ; 2. Where after the exercise of reasonable diligence, presentment cannot be made; 3. Where although presentment has been irregular, acceptance has been refused on some other ground.
Sida 3810 - Where a dishonored bill has been accepted for honor supra protest or contains a reference in case of need, it must be protested for nonpayment before it is presented for payment to the acceptor for honor or referee in case of need.
Sida 3257 - ... but no notice under the provisions of this section shall be deemed to be invalid or insufficient solely by reason of any inaccuracy in stating the time, place or cause of the injury if it be shown that there was no intention to mislead and that the party entitled to notice was not in fact misled thereby.
Sida 3802 - Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omission to give due notice, and the waiver may be express or implied.
Sida 3784 - The instrument is payable to bearer : 1. When it is expressed to be so payable ; or 2. When it is payable to a person named therein or bearer ; or 3. When it is payable to the order of a fictitious or non-existing person, and such fact was known to the person making it so payable ; or THE NEGOTIABLE INSTRUMENTS LAW.
Sida 3782 - An instrument to be negotiable must conform to the following requirements: 1. It must be in writing and signed by the maker or drawer; 2. Must contain an unconditional promise or order to pay a sum certain in money; 3. Must be payable on demand, or at a fixed or determinable future time; 4. Must be payable to order or to bearer ; and 5. Where the instrument is addressed to a drawee, he must be named or otherwise indicated therein with reasonable certainty.

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