Blank Transfer - Law Dictionary Search Results

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Blank transfer

Blank transfer, in such blank transfers, the name of the transferor is entered, and the transfer deed signed by the transferor is handed over with the share scrip to the transferee, who, if he so chooses, completes the transfer by entering his name and then applying to the company to register his name in place of the previous holder of the share, Howrah Trading Co v. CIT, AIR 1959 SC 775 (778). [Income-tax Act (11 of 1922) s. 18(5)]--A deed executed with the name of a transferee or vendee in blank is void; but the lender will have an equitable security, Colonial Bank v. Whinney, (1884) 26 CD 257, and this principle is applicable to transfers of shares in companies transferable only by deed; but if transferable under hand only the transfer may be filled in by any one having express authority, or authority to be implied from the nature of the transaction, Hibblewhite v. McMorine, 6 M&W 200, and Powell v. London, etc. Bank, (1893) 2 Ch 555.If in a will the name of a legatee is left blank,...

endorsement

endorsement also in·dorse·ment n 1 : the act or process of endorsing 2 : an inscription (as a signature or notation) on a document or instrument ;esp : an inscription usually on the back of a negotiable instrument that transfers or guarantees the instrument blank endorsement : an endorsement (as a signature) of a negotiable instrument that does not name a transferee and that makes the instrument payable to bearer called also endorsement in blank qualified endorsement : an endorsement of a negotiable instrument with words (as “without recourse”) that limit or qualify the endorser's liability restrictive endorsement : an endorsement of a negotiable instrument with words (as “for deposit only”) that limit the further negotiation of the instrument NOTE: A restrictive endorsement does not prevent further negotiation of the instrument under the Uniform Commercial Code. spe·cial endorsement : an endorsement of a negotiable instrument with wo...

bearer

bearer : a person holding a check, draft, or other negotiable instrument for payment esp. marked payable to bearer or having a blank endorsement adj : freely transferable by the holder with or without endorsement and with full title passing by delivery to the transferee: as a : not having a registered owner b : not designating a specific payee [a instrument] [ checks] compare order ...

bona fide purchaser

bona fide purchaser : a purchaser who purchases in good faith without notice of any defect in title and for a valuable consideration called also bona fide purchaser for value NOTE: There are particular requirements for a bona fide purchaser of a security set out in Uniform Commercial Code section 8-302. Under this section a bona fide purchaser is one who buys a security in good faith and without notice of any adverse claims and who takes delivery of a certificated security either as a bearer security or as a registered security issued to him or her or endorsed to him or her or by a blank endorsement or to whom the transfer of an uncertificated security is registered on the books of the issuer, or as otherwise provided in section 8-313. ...

endorse

endorse also in·dorse [in-dȯrs] vt en·dorsed also: in·dorsed en·dors·ing also: in·dors·ing [Anglo-French endosser endorser and Medieval Latin indorsare, both ultimately from Latin in on + dorsum back] 1 : to write on the back of ;esp : to sign one's name as payee on the back of (an instrument) in order to receive the cash or credit represented on the face [ a check] 2 : to inscribe (as one's signature or a notation accompanied by one's signature) on an instrument (as a note or bill) esp. to transfer or guarantee it 3 : to transfer (an instrument) to another by inscribing one's signature [assume that payee s a note to creditor as security for a debt "Uniform Commercial Code"] 4 : to inscribe (as an official document) with a notation (as of date or title) endorse in blank : to inscribe (an instrument) with a blank endorsement ...

Negotiable instruments

Negotiable instruments, those the right of action upon which is, by exception from the common rule, freely assignable from one to another, such as bills of exchange and promissory notes. Any person acquiring a negotiable instrument for value and in good faith can enforce the contract contained in it against the person liable on it, although the person from whom he has obtained it had no title. See also CHOSE.Promissory notes were made negotiable by 3 & 4 Anne, c. 9. and 7 Anne, c. 25, and placed in all respects upon the same footing with inland bills of exchange. [s. 13(1), Negotiable Instrument Act]The (English) Bills of Exchange Act, 1882, contains the law as to negotiation of bills of exchange, promissory notes, and cheques. S. 31 declares that these instruments are negotiated when they are transferred from one person to another in such a manner as to constitute the transferee the holder of them, and s. 32 enumerates the conditions under which an indorsement may operate as a negotia...

Estoppel

Estoppel, a conclusive admission, which cannot be denied. It is of three kinds:-(1) By matter of record, which imports such absolute and incontrovertible verity, that no person against whom it is producible shall be permitted to aver against it. A record concludes the parties thereto, and their privies, whether in blood, in law, or by estate, upon the point adjudged, but not upon any matter collateral or adjudged by inference, A judgment in an action in rem is absolutely binding upon all the world.A conviction on the same facts is no estoppel in a civil action because the parties are not the same, Palace Shipping Co. v. Caine, 1907 AC 386.(2) By deed. No person can be allowed to dispute his own solemn deed, which is therefore conclusive against him, and those claiming under him, even as to the facts recited in it. The general rule is that an indenture estops all who are parties to it, while a deed-poll only estops the party who executesit, since it is his sole language and act, Shep. T...

Indorsement

Indorsement [fr. in, Lat., upon, and dorsum, a back], anything written or printed upon the back of a deed or writing. The requisites of a valid indorsement of a bill of exchange, promissory note, or cheque, are laid down by the (English) Bills of Exchange Act, 1882 (45 & 46 Vict. c. 61), s. 32, the principal requisites being that the indorsement must be written on the bill itself (except in the case of an 'allonge' or 'copy' in a country where 'copies' are recognized) and signed by the indorser, his simple signature, without additional words, being sufficient; that it be an indorsement of the entire bill [though indorsement of a blank form may be valid, Glenie v. Tucker, (1908) 1 KB 263]; and that where there are two or more indorsements, each is deemed to have been made in the order in which it appears on the bill, cheque, or note, until the contrary is proved. As to the recovery of the amount of the cheque by the drawer, after payment obtained by a forged indorsement, see North and S...

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