Stuart Stone
Oct 07, 2013 12:20 AMJust a bit more 'evidence' re mortgages & promissory notes...all hidden in plain sight: Although it's from UK clubhouse rules, it probably has its equivalent in all commonwealth & USA legislation:
The Consumer Credit Act 1974, section 189 defines a security as follows:
�security �, in relation to an actual or prospective consumer credit agreement or consumer hire agreement, or any linked transaction, means a mortgage, charge, pledge, bond, debenture, indemnity, guarantee, bill, note or other right provided by the debtor or hirer, or at his request (express or implied), to secure the carrying out of the obligations of the debtor or hirer under the agreement;
The Administration of Justice Act 1970, Section 39 states:
�mortgage� includes a charge�
The Bill of Exchange Act 1882, Part 1(2) states:
�Bill� means bill of exchange, and �note� means promissory note.
�The principle is that a bill, cheque or note is given and taken in payment as so much cash�
(see Jackson v Murphy [1887] 4 T.L.R. 92).
"We have repeatedly said in this court that a bill of exchange or a promissory note is to be treated as cash. It is to be honoured unless there is some good reason to the contrary"
(see per Lord Denning M.R. in Fielding & Platt Ltd v Selim Najjar[1969] 1 W.L.R. 357 at 361; [1969] 2 All E.R. 150 at 152, CA)
The Bills of Exchange Act 1882, Section 30(1) states:
Every party whose signature appears on a bill is prima facie deemed to have become a party thereto for value.
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Last Updated: Oct 07, 2013 12:20 AM
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