Page:Black's Law Dictionary (Second Edition).djvu/820

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


NEGOTIABLE

amount of money expressed upon its face. with the right to sue therefor in his own name, niuy be transferred from one person to another vlithnut 21 formal assignuient, but by mere inriorsenient and dclisery by the holder or by delivery only. See 1 Daniel, i\'ego. Inst. E 1: W:i].ker v. Ocean Bank, 19 Ind. 247: Robinson v. “iiiriiison, 38 Mich. 299; Odell v. Gray, 15 M0. 337, 55 Am. Dec. 147.

—Negotlable instrnmentl. A grnerai name for biiis, notes, checks, transferable bonds or coupons. letters of credit, and other negotiable written securities. Any wiitten securities which may he transferred by indnrsement and delivery or by delivery merely. so us to vest in the indoi-see the legal title, and thus enable him to sue thereon in his own name Or, more technically. those instruments which not only carry the legal title with them by indorsement or delivery, but uarry us well, when transferred before marurily, the right of_ the tnmsferee to demand the full amounts winch their faces call for. Daniel. Neg. lust. § 1:». A negotlable instrnnient is 8, written romise or re- quest for the payment of a cert a sum of maney to Ofliel‘ or bearer Civ. Code Cal. § 3087. —Negntiuble words. Wortis and |Ji_Ii'LlS(‘S which impart the character of ne.-zntiniiiiity to bills, notes. checks, etc.. in which they are Inserted: for instance. I1 direction to pay to A. "or order" or “bearer."

NEGOTIATE. To discuss or arrange ii sale or bargain; to arrange the preliminaries of a business transaction. Also to sell or discount negotiable paper, or assign or transfer it by hidorsement and delivery. Palmer v. Ferry, 6 Gray (Mass) 420; Newport Nat. Bank v. Board of Education, 114 Ky. 87, 70 S. W. 186: Odell v. Clyde, 23 Misc. Rep. 734. 53 N. Y. Supp. 61; Blakiston v. Dudley, 6 Due!‘ (N. Y.) 377.

NEGOTIATION. The deliberation, discussion, or conference upon the terms of a proposed agreement; the act of settling or arranging the teinis and conditions of a hairgain, snie, or other business transaction. Also the transfer of, or act of putting into circulation, a negotiable instrument.

NEGOTIORUM GESTIO. Lat. In the civil law. Literally, a doing of business or businesses. A species of spontaneous agecny, or an interference by one in the atfairs of another. in his absence, from henevcience or friendship. und without authority. 2 Kent. Comm. 616, note: Inst. 3, 28. 1.

NEGOTIORUM GESTOE. Lat. In the civil law. A transacter or manager of busi- ness; a person voluntarily constituting him- self agent for another; one who, witiiout any mandate or authority, assumes to take charge of an aifiiir or concern for another person, in the latter's absence, but for his interest.

One who spontaneonsiy, and iiithout the knowledge or consent of the owner. intermcddles with his pioperty, as to do work an it, or to carry it to another place, etc. Story, Bailm. 5 180.

812

N EMO ALLEGANS

NEGRO. The word "negro" means I black man, one descended from the Aflitufl race, and does not commonly include a mu- iiitto. Felix v. State, 18 Ala. 720. But H00 laws of the ditrereiit states are not uniform in this respect, some iiJ(!illlill.ig in the description "negio" one “ho has one-elghlh or more of African blood.

N]-III‘. In old English i:iw. A wouiun who was born a ViiiE1i.l, or a bondwomiiii.

NEIGHBORHOOD. A place near; an adjoining or surrouiiding district; 8 lulu imiuediiite vicimty; vicinagu. See Lniigli-y v. Barnstend. N. H. 215; Madison v. .\l<-rristmvn Gaslight C0., (55 N. J. D1. 3515, 54 Ati. 439; Rice v. Sims, 3 Hill (S. C.) 5- Lindsny Irr. 00. v. Mehrtens, 97 Ciii. oils, 32 Pac. 802; State v. Hendeison, 29 W. Va

147. 1 S. E. 225; Peters v. Bourneaiu, Z—‘_'! 111. App. 177. NEITHER PARTY. An ilbbreviilted

form of docket entry. meaning that, by agreement. neither of the parties will further appear in court in that suit. Gendroii v. Hovey, 98 Me. 139. 56 At]. 533.

N]-IMBDA. In Swedish and Gothic law. A jury. 3 Bl. Comm. 349. 359.

NEMINE CONTEADICENTE. Lnt. No one dissenting; no one voting in the negative. A phrase used to indicate the unaid- mous consent of a court or legislative body to a judgment, resolution, vote, or motion. Commonly ailbreviiited "nom. con."

Neminem opnrtet ease lapientiorem legibus. Co. Litt. 9711. No man ought to be wiser than the laws.

NEMO. Lat. No one; no man. The initlal word of many Latin phrases and l.ll:l.\'il.llS, among which are the following:

Nemo ndmittenflns est inhahilitaro naipsuin. Jenk. Cent. 40. No man is to he admitted to incapacitate biniselt.

Nemo agit in seipsum. No man acts against himself. Jeuli. Cent. p. 40, case Til. A man cannot be a judge and a party in his own cause. Id.; Broom, Max. 2101:.

Nemo nlienm rei, sine satisdntione, defensor idoneus intelljgitur. No min is considered 21 competent defender of anuthers property, without security. A rule of the Roman law, applied in part in admiralty cases. 1 Curt. 203.

Nemn nlieno noniine legs ngero potent. No one can sue in the name of another. Dig. 50. 17. 123.

Nemo allegans nunm turpitntlineln est nutlienflns. No one allegmg his own Lase-

ness is to be he.ircl. The courts or law have