This section is from the book "Modern Banking; Commercial And Credit Paper", by Frederick Silver. Also available from Amazon: Modern banking; Commercial and credit paper.
The Negotiable Instruments Law, Digest of the Federal Bill of Lading Law, The United States Warehouse Act, Laws Relating to the Taxation of Negotiable Instruments, Checks, Drafts, Bank and Trade Acceptances, and Promissory Notes
The Negotiable Instruments Law
The purpose of which is to make uniform throughout the United States the law relating to negotiable commercial paper.
Prelude To The Negotiable Instruments Law
The Negotiable Instruments Law was codified and approved by-several States in the Union in the year 1897, and was adopted in whole or in part, within the few following years by a majority of the States. In the few jurisdictions of the United States where the Negotiable Instruments Law has not been passed, the law relating to bills, notes and checks is based on the principles of the common law, which is a series of rules and precedents originating in the Courts of England and the United States, and which were decided during the past few centuries on questions as they arose from time to time.
The Negotiable Instruments Law in such States in which it was passed, does not abolish the entire system of common law governing bills, notes and checks, but only restates the rules of the common law which existed prior to the enactment of the Statute. The common law, where it conflicts with the Statute Law, gives precedence to the latter, though the common law still remains important due to the fact that cases frequently arise which are not clearly covered by the Statutes.
This particular point is clearly outlined in Section 196 of the Law of Negotiable Instruments which provides that in cases not provided for by the Statute, the unwritten law prevails.
Below is given a list of the States and territories which have adopted the Negotiable Instruments Law in whole or in great part.
For any variation, reference must be made to the Statute of that particular State.
List Of States And Territories In Which The Negotiable Instruments Law Has Been Adopted
Alabama. Laws of 1907, No. 722, p. 6G0. In effect January 1. 1908 Arizona. Rev. St. 1901, p. 852; Laws 1905, Ch. 98. In effect September 1, 1901. Arkansas. Laws of 1913, Act 81. In effect April 22, 1913. Colorado. Laws of 1897, Ch. 64. Approved April 20,
Connecticut. Laws of 1897, Ch. 74. Approved April 5, 1897. Delaware. Laws of 1911, Ch. 191. In effect January 1, 1912. District of Columbia. Laws of 1899, Chap. 47; 30 U. S. Stat, at L., p.
785. In effect April 3, 1899. Florida. Laws of 1897, Chap. 4524. Approved June 1, 1897. Hawaii. Laws of 1907, Act 89. In effect April 20, 1907. Idaho. Laws of 1903, p. 380. In effect March 10, 1903. Illinois. Laws of 1907, p. 403. Approved June 5, 1907. Indiana. Laws of 1913, Chap. 63. Approved March 3, 1913. Iowa. Laws of 1902, Chap. 130; Laws of 1906, Chap. 149. Approved
April 12, 1902. Kansas. Laws of 1905, Chap. 310. In effect June 8, 1905. Kentucky. Laws of 1904, Chap. 102. Approved March 24, 1904. Louisiana. Laws of 1904, Act 64. Approved June 29, 1904. Maryland. Laws of 1898, Chap. 119. Approved March 29, 1898. Massachusetts. Laws of 1898, Chap. 533; Laws of 1899, Chap. 130.
In effect January 1, 1899. Michigan. Laws of 1905, Chap. 265, p. 389. Approved June 16, 1905. Minnesota. Laws of 1913, Chap. 272. In effect July 1, 1913. Missouri. Laws of 1905, p. 243. Approved April 10, 1905. Montana. Laws of 1903, Chap. 121. In effect March 7, 1903. Nebraska. Laws of 1905, Chap. 83. In effect August 1, 1905. Nevada. Laws of 1907, Chap. 62. In effect May 1, 1907. New Hampshire. Laws of 1909, Chap. 123. In effect January 1, 1910. New Jersey. Laws of 1902, Chap. 184. Approved April 4, 1902. New Mexico. Laws of 1907, Chap. 83. Approved March 21, 1907. New York. Laws of 1897, Chap. 612; Laws of 1898, Chap. 336. In effect October 1, 1897. North Carolina. Laws of 1899, Chap. 733; Laws of 1905, Chap. 327;
Laws of 1907, Chap. 897. In effect March 8, 1899. North Dakota. Laws of 1899, Chap. 113. Approved March 7, 1899. Ohio. Laws of 1902, p. 162. In effect January 1, 1903. Oklahoma. Laws of 1909, Chap. 24. In effect June 10, 1909. Oregon. Laws of 1899, p. 18. Approved February 16, 1899. Pennsylvania. Laws of 1901, p. 194. In effect September 2, 1901. Rhode Island. Laws of 1899, Chap. 674. In effect July 1, 1899. South Carolina. Laws of 1914, Act No. 396, p. 668. Vetoed by the governor March 4, 1914, and passed by both Houses over his veto. South Dakota. Laws of 1913, Chap. 279. Approved March 4, 1913.
Tennessee. Laws of 1899, Chap. 94. In effect May 16, 1899. Utah. Laws of 1899, Chap. 83. In effect July 1, 1899. Vermont. Laws of 1912, p. 114. In effect June 1, 1913. Virginia. Laws of 1898, Chap. 866. Approved March 3, 1898. Washington. Laws of 1899, Chap. 149. In effect March 22, 1899. West Virginia. Laws of 1907, Chap. 81. In effect January 1, 1908. Wisconsin. Laws of 1899, Chap. 356. In effect May 15, 1899. Wyoming. Laws of 1905, Chap. 43. In effect February 15, 1905.
The Negotiable Instruments Law | ||
Article | Page | |
I. | 365 | |
II. | Form and interpretation of negotiable instruments. .. . | 367 |
III. | Consideration | 373 |
IV. | Negotiation........................ | 374 |
V. | Rights of Holders.................................. | 378 |
VI. | Liabilities of parties ............................... | 380 |
VII, | Presentment for payment .......................... | 382 |
VIII. | Notice of dishonor ................................ | 386 |
IX. | Discharges of Negotiable instruments | 391 |
X. | Bills of exchange; form and interpretation .......... | 393 |
XI. | Acceptance | 394 |
XII. | Presentment for acceptance ........................ | 397 |
XIII. | Protest...................... | 399 |
XIV. | Acceptance of honour | 401 |
XV. | Payment of honour................ | 402 |
XVI. | Bills in a set............ | 404 |
XVII. | Promisory notes and checks................. | 405 |
XVIII. | Notes given for patent rights and for a speculative consideration .............................. | 406 |
The Negotiable Instruments Law
 
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