The Chautauquan, Vol. 04, March 1884, No. 6Chautauqua Literary and Scientific Circle
History
The Chautauquan, Vol. 04, March 1884, No. 6
Chautauqua Literary and Scientific Circle
Chautauqua Institution -- Periodicals; Chautauqua Literary and Scientific Circle -- Periodicals
We have thus far omitted mention of bank checks, a very important
business medium. The element of time thrown aside, and the most that we
have said regarding notes and bills, may be applied to checks, which in
reality are bills or drafts payable at sight without grace.
In case of non-acceptance of a bill when presented, or non-payment of the
same, or of note, when due, that the drawer in the first instance and
indorsers, if any, in the latter may be holden to its payment, resort is
ordinarily had to “protest,” which signifies that acceptance or payment
having been legally demanded of parties primarily liable, and refused,
notice is given the other parties to the paper, of such refusal, by a
notary public, who attaches a certificate to the bill or note, stating
fact of such demand and refusal.
This may be avoided in the case of indorsers by their “waiving demand and
notice” at the time of indorsement.
In writing commercial paper remember:
That the three days of grace allowed are not included in the time written;
That, unless otherwise specified, tender of payment must be made at
payee’s place of business;
That interest is not collectible, unless specified, until after maturity;
That the amount written and in figures should be the same;
That commercial paper without a date falls due never.
Interest.
A common and very acceptable definition of interest is, “a compensation
paid for the use of money.” Like other transactions this may be subject
to contract agreement, to an extent however, varying in the different
states. In most of the states the ability of parties to contract in the
matter of interest rates, has been placed under some restraint; that
is, most of the states have adopted a “legal rate,” declaring thereby
what amount of money shall be paid for the use of money. The reason
why the states have assumed to dictate to parties the conditions of
their interest contracts is to relieve the borrowers of the hardship of
excessive rates, which, sometimes by reason of pecuniary embarrassments
they would be, and are, notwithstanding inhibitions on statute books,
forced to pay; and further to have a recognized standard rate for
contracts where there is no agreement, which last is a very salutary
provision.
Upon what is interest payable? It is payable on loans, secured or
unsecured, as per individual contracts, secured as loans on mortgage
security; unsecured, represented partly by notes. Again, running accounts
between merchants are adjusted on the basis of an interest account, he
paying interest against whom the balance is found; simple indebtedness,
past due, creates a legitimate interest claim; sales of merchandise, from
time of sale, if no credits are given, if there are credits then from
time of their expiration; also debts on which court judgment has been
secured.
Time notes, as has been already observed, do not begin to draw interest
until maturity, unless it be especially mentioned; demand notes not until
after demand.
Public-domain text, read in full here on John Shaqi.
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