Where the forgery consists in altering a genuine instrument, and consists in what gives the bill or note a better credit, but does not vary the responsibility of the drawer or maker, the drawer or maker is a competent witness to prove the forgery. He has been held competent where the forgery introduced a new place for payment. (60) the charge. Usher was indicted for the forgery, and Mr. Merry produced as a witness against him; upon which his counsel objected to Mr. Merry's admissibility; but Lord Mansfield, Smythe B., and Wilmot J. held, that as Sir C. Asgill had given up his claim, it was immaterial to Mr. Merry whether Usher was convicted or acquitted, inasmuch as no demand could be made upon Mr. Merry for the money, and they therefore over-ruled the objection. (60) Rex v. Treble, Pasch. 1810. Indictment for forgery by substituting in a country bank note the name of a solvent town banker as one of the places where it was payable, instead of an insolvent one: the signature was genuine, the maker was admitted a witness, and on point saved, the judges held it right. TABLE OF PRINCIPAL MATTERS. ACCEPTANCE. What it is, 96. when necessary, 96. on bills after sight, 96. what, according to the person to whom made, 96. 108. by one of several partners, effect of, 101. drawees, not partners, effect of, 101. 40. drawee described as servant, 101. at what time, 99. before the bill is drawn, 97. 104, 105. or afterwards, 97. after the bill is payable, effect of, 101, 102. within twenty-four hours after leaving bill, 139. on bills after sight, at what time it shall be considered as made, 101, 102. verbal, 97. 108, 109. written, 97. 102. on the bill, 98. 102. 103. 66 or elsewhere," 98. 102 to 109. form of, 102, 103. for the honor of a party and supra protest, what, 99. by whom, 99, 100. form of, naming the acceptor, 103. effect of, 100. after protest for better security, 101. second, after general acceptance by drawee, 100. as a guarantee, 100. absolute, 98. conditional, 98. what is, 108. 112, 113, 114. becomes absolute on performance of condition, 114. care requisite in framing, 114. to pay at a particular place, 115. according to the tenor of the bill, 98. varying from it, 98. 115. effect of, 115. by a promise to accept, 103 to 109. by detention of the bill, 110, 111, 112. or destruction, 110, 111. what the holder is entitled to expect, and ought to insist upon, 115, 116. rejection of, what is, 116. ACCEPTANCE, alteration of, 116, 117. revocation or cancellation of, 117, 118, 119. how waived, 119, 120, 121. 123. discharged by indulgence to other parties, 121, 122, 123. how, when payable at a particular place, 277. what an acceptance is evidence of, 245. what it admits, 312 to 315. cross acceptances, see Consideration and Remedy. ACCEPTOR. His undertaking, 96. how discharged, 121, 122, 123. to what extent liable, 121, 122, and see 123. note (84.) ACCOMMODATION acceptances, 121, 122. paper. Notice upon. When necessary, 199 to 202. ACTIONS, what may be brought in respect of a bill or note, see Remedy. ADMINISTRATOR, see Executor. ADMISSION, of signature, when proof thereof, 322, 323. endorsement by, 82. acceptance by, 51. 101. 110. signature by, 18. 24. 48. transfer by, in fraud of principal, 74, 75. notice by, 174, 175, n. guaranty by, 259. his authority to sign bills and notes, what sufficient, 24. 328. AGREEMENT, parol, at the time of passing the bill or note, after passing the bill or note, 169. 337. not admissible to contradict the legal effect of endorsement, 336, n. 337, n. 339. not to have recourse against endorser, 337, n. to receive less than the full amount of note, 339. ALIENS, bills or notes by or to, 53, 54. ALTERATION of a bill or note, its effect, 58 to 64. of an acceptance, 117. APPROPRIATION. See Remittance. ASSIGNMENT of drawer's funds, when a bill is, 27, n. ASSUMPSIT. See Remedy. ATTESTATION of the making of a bill or note, where necessary, consequences of, 24. of an endorsement, where necessary, 66. AUTHORITY to sign bank-notes, 24. other bills or notes, proof of, 325. 328. 8. to draw on partnership, not authority to draw on one partner, 218. BANKS, notes negotiated at, or lodged in for collection privileged in some States, 2, n. incorporated, how privileged in the United States, 47, n. when liable for not giving notice on note lodged for collection, not liable on notes stolen from them, and signature forged, 328. BANK-NOTES for less than 51. what good, 8. bills or notes payable in, 6, 7, n. BANKER, lien on bills, though he give them to his customer to obtain payment, 81. transfer or pledge by, of bills, &c. deposited, 74. presentment by, of bills or notes payable on demand, 146, 147, notice by, of dishonor of bills or notes, 146 to 148. cash bills, see Presentment. bankruptcy of, how it affects bills or notes in his possession, 79, n. 310, 311, n. BANKING PARTNERSHIPS of more than six members, bills or notes by or to, 46. BANKRUPT, endorsement by, see Endorsement. payment by or to, see Payment. BANKRUPTCY of factor or banker, rights of others in bills or notes in his hands, 79, n. 310, 311, n. of drawee or maker, no excuse for not presenting or giving notice, 155, 156. commission of, when supported by bill or note, 290 to 301. proof under, see Remedy. BILLS and NOTES, definition of, 1. resemblance, 3. what words necessary to make them, 3. to what amount, 7, 8. such payment must purport to be certain, 8. payable to order, what, 18. to a non-existing person, 19. need not be negotiable, 21. nor purport to be for value received, 24, except coal notes, 25. signature, 23, 24. inland, 15. 25. on blank paper, or leaving blanks, 22. 24. foreign, 15, 16, 17. consequence of, 24. drawn in one State, payable in another, whether foreign or in land, 15, 16, n. 169, n. in sets, 17. fixing a place for payment, 18. who may make a bill or note, 33. of naming the drawer or maker, 23. to whom they may be made payable, 33. persons not in existence, 19. of naming the payee, 22, 23. description of payee, 23. to whom bills may be addressed, 33. joint or several, what, 37 to 40. legal obligation of making a bill or note, 27. when an assignment of drawer's funds, 27, n. |