An agreement between a financial institution and its customer governing the treatment of deposited funds and the payment of checks and other demands against the customer’s account. [Cases: Banks and Banking 133, 137–155. C.J.S. Banks and Banking §§ 266–268, 277–278, 283–287, 290, 294–300, 320–321, 326–335, 342–381, 393, 399, 401, 415–423, 425–444, 455.]
ecclesia (i-klee-z[h]ee-[schwa]), n. [Latin fr. Greek ekklesia “assembly”] 1. A place of religious worship. 2. A Christian assembly; a church.
An adoption that falls short of the statutory requirements in a particular state. • The adoption agreement may ripen to a de jure adoption when the statutory formalities have been met or if a court finds that the requirements for adoption by estoppel have been met. — Also termed adoption by estoppel. [Cases: Adoption 6.
accord, n. 1. An amicable arrangement between parties, esp. between peoples or nations; COMPACT; TREATY. 2. An offer to give or to accept a stipulated performance in the future to satisfy an obligor’s existing duty, together with an acceptance of that offer. • The performance becomes what is known as a satisfaction. — Also termed
negative-pledge clause. 1. A provision requiring a borrower, who borrows funds without giving security, to refrain from giving future lenders any security without the consent of the first lender. 2. A provision, usu. in a bond indenture, stating that the issuing entity will not pledge its assets if it will result in less security to
negative pledge clause Read More »
A conspiracy in which a single member or group (the “hub”) separately agrees with two or more other members or groups (the “spokes”). • The person or group at the hub is the only party liable for all the conspiracies. — Also termed circle conspiracy; hub-and-spoke conspiracy. [Cases: Conspiracy 24(3). C.J.S. Conspiracy §§ 117–118.]
prima facie, adj. Sufficient to establish a fact or raise a presumption unless disproved or rebutted (a prima facie showing). prima facie (prI-m[schwa] fay-sh[schwa] orfay-shee), adv. [Latin] At first sight; on first appearance but subject to further evidence or information ( the agreement is prima facie valid). [Cases: Evidence 53, 85, 584(1). C.J.S. Evidence §§
A condition forbidding a party from doing a certain thing, such as prohibiting a tenant from subletting leased property; a promise not to do something, usu. as part of a larger agreement. — Also termed restrictive condition. See negative easement under EASEMENT.
negative condition Read More »
acceptor. A person or entity that accepts a negotiable instrument and agrees to be primarily responsible for its payment or performance. [Cases: Bills and Notes 73. C.J.S. Bills and Notes; Letters of Credit § 39.]
nosocomus (nos-[schwa]-koh-m[schwa]s), n. [Greek “an attendant on the side”] Hist. A person who manages a hospital that cares for paupers.