BILLS and NOTES re-issuable, see Stamp. alteration of, 58 to 64. how to be stated in pleading, 267 to 275. when to be considered as payment, 124. 248 to 259. not negotiable how declared on, 289, n. BLANKS, in bills or notes, filling up, 22, 23, 24. BLANK PAPER, effect of endorsing, 92. CASH BILLS, and notes, when to be presented for payment, see Pre sentment. CERTAINTY of the payment of a bill or note, see Bills and Notes. CHARGES on the dishonor of a bill or note. what recoverable in an action, 236. under a commission of bankruptcy, 306. CHECKS, when to be returned by banker, if not paid, 112. payment of, before date, effect of, 210. on bank, is a bill of exchange, 148, n. what excuses neglect to present, 148, n. COAL NOTES, from of, 25. protesting or noting, 169. COMPARISON of hands, see Signature. CONSIDERATION of giving or transferring a bill or note, what good, 352 to 359. 351, n. what otherwise, 354 to 360. what makes the bill or note void, 363 to 369. need not be expressed upon a bill or note, 24, 25. except on coal notes, 25. when it must be proved, 318, 319. 350. want or illegality of, when a defence, 340 to 369. who may insist on, 348. 363 to 369. partial failure of, when a defence, 340 to 347. illegality of, where a defence, 352. by cross-acceptances, 298 to 303. CORPORATIONS, bills or notes by or to, 47, 48. remedies thereon, 239. note to pay money on shares in, 9, n. when they may accept bills, 47, n. when bound by note given by an agent, 47, n. COSTS, on staying proceedings in actions on bills and notes, by whom payable, 218, 219. of suit against one party to a bill or note, when recoverable against another, 236, 237. CROSS-ACCEPTANCES, see Remedy. COUNT on bill special, 264. on note, observations thereon, 267 to 288. DAMAGES, what recoverable in an action on a bill or note, see Remedy. on protested bills, in the different States, 238 to 242, n. by the law of what place regulated, 30, 31, n. 242, n. who liable to pay, 242, n. DAMAGES, on protested bills, in what cases recoverable, 242, n. when the date must not be printed, 15. false dating, to evade stamp duties, 15. 57. of filling up blank left for the date, 15. when a bill, &c. payable after date, and not dated, is due, 153, 154. statement of, in pleading, 267, 268. 270. is presumed to be the day of issuing bill or note, 312. DEATH of drawer does not revoke the order in a bill, 5. DEBT, action of, when maintainable on a bill or note, 240. 242, 243. averments in action of, 289, n. DECLARATION on a bill or note, see Pleadings. DEFALCATION or discount, notes payable without, 2, 3, n. DEFEASANCE, 12. See Judgment. DEFENCE, when endorsee subject to same defence as his endorser, 84 to 86. 91. 338, 339. 348, 349. agreement to receive part from one joint maker, is not, 339. DELIVERY, transfer by, 65, 66. in what cases it may be made, 66. its effect, 66. 94. by whom, 72. DEMAND, bills or notes payable upon, when payable, 141. when to be presented, 141 to 148. when considered overdue and dishonored, 84, 86. how to be declared on, 273. statement of, in pleading, 80 to 284. on drawer need not be proved in action against endorser, 319. DESCRIPTION of bills or notes, what accurate, 268, 269. 271, 272. 275, 276. payee, 23. DIRECTION of bill, how stated in pleading, 271. DISCHARGE, by laches, 250 to 256. when, generally, 124. 204. in not making due presentment, 124 to 156. in not giving due notice, 124. 159 to 196. by discharging or indulging prior parties, 121 to 123. 223 to 230. See Satisfaction. DISCOUNT, usurious when it avoids a bill or note, 362. DIVIDENDS under a commission of bankruptcy, satisfaction pro tanto only, 230. under different commissions, 304. DONATIO CAUSA MORTIS, when a note is, 348. DRAWEE where bound to apply particular money to particular bills, 246, 247. DRAWER, his death does not revoke order in bill, 5. his liability to acceptor, 217. DURESS, when it obliges the holder to prove consideration, 318. EFFECTS, want of, when it dispenses with presentment and notice, 192 to 196. ENDORSEE, rights of, in different States, 2, n. ENDORSEMENT, what bills and notes may be endorsed, 65, 66. where necessary to transfer a bill or note, 65, 66. ENDORSEMENT, omission of making, consequences, 66. 80. 391. form of, in general, 66. full, 67. in blank, 67. its operation, 67, 68. may be filled up by holder, 67. restrictive, 69 to 72. special, struck out, when it may be restored, 60. its legal obligation, 93 to 95. by person having no right to transfer, effect of, 72. by person of the same name as payee, 76. 383. 385, 386. by whom, by banker in fraud of customer, 74. when payee is only trustee, 76. 79. of a bill or note payable to several, not partners, 76. partners, 40 to 46. 76, 77. feme sole, who marries, 77. feme covert, 78. bank, how authorized, 77. by infant, 78. by executor or administrator, 78. 82. by bankrupt or his assignees, 79 to 81. by agent, 82. at what time, 82. after the time appointed for payment, 82 to 87. 89. before such time, but after refusal of acceptance, 87, 88. after payment, effect of, 89, 90. before bill or note is written, 92. before insertion of sum, or time of payment, 91, 92. after delivery, whether it relates back to the time of delivery, 80, n. of bill or note payable on demand, 84. 86. of a bill or note post-dated, 93. of bills in sets, 93. how stated in pleading, 277, 278. 289, n. what endorsements must be so stated, 279, 280. what it admits, 313 to 316. what endorsements must be proved, 315. proof of, when dispensed with, 319. agreement to make, effect of, 260. ENDORSER, undertaking and liability of, 2, n. 94, 95 200, n. 237. 260. when liable to payee, 37 to 29. EVIDENCE, what necessary to maintain an action in respect of a bill or note, 312 to 333. of ability of parties, when necessary, 312, 313, 314. of signature, when necessary, 312, 313, 314, 315. what sufficient, 322. 325. by confession, when, 322 to 325. of what endorsements necessary, 315. what dispensed with, by part payment, or promise to pay, 319 to 321. of value received, 317. of consideration, where necessary, 318, 319. of sending notice, what sufficient, 329, 330. EVIDENCE of protest, what sufficient, 332. 333. in what cases one party to a bill or note may be witness for or parol, see Agreement. EXECUTION against the person of a party, its effect, 221, 222. payment to, 206. EXPENSES, what recoverable on a bill or note, 236 to 238. FACTOR, see Agent. FEME COVERT, when she may be party to a bill or note, 35, 36, payment to, 206. FICTITIOUS PARTIES, of making bills or notes payable to, 19, 20. when excuse for laches, 202. how such bills, &c. are to be stated in pleading, 273. FOREIGN BILLS, what, 15. FOREIGN NOTES, 16. FORGED BILLS, sale of, consequences, 94. FORGERY of bills or notes, 381. by altering or adding to, 383 to 385. by using true name, and false description, 383. 385. true name in endorsing bill or note payable to another false name, 383. 385, 386. of bills or notes under 5l., 390. of imperfect bills or notes, 390. of bills or notes on unstamped paper, 392. of the intent to defraud, 392. procuring to forge, 388. uttering, 388 to 389. how proved, 392. uttering or disposing of, what is, 388, 389. of bills or notes, indictment, form of, 392 to 395. FORGERY of endorsement, possible consequences of, 72. by person of the same name as payee, 76. 383. 385, 386. consequences of paying a forged bill or note, 312, 313, in notis, FRAUD, in transferring bills, effect of, 47, 48. how it operates on title to bills or notes, 47, 48. in taking partnership security for debt of a single partner, 42. GIVING TIME. See Indulgence. GRACE, days of, what, 150 to 152. when allowed, 151, 152. GUARANTEE, when discharged by neglect to make presentment or give notice, 184, 185, 186, n. by agent, when it binds principal, 259. endorsed, how it affects negotiability of bill or note, 71, n. GUARDIAN, note by, 50. HANDWRITING, see Signature and Evidence. HOLDER of a bill or note, what he is bound to do, see Laches. HOLDER for value, who to be deemed, 349. is primâ facie rightful owner, 317. HONOR, acceptance for, see Acceptance. payment for, see Payment. HUSBAND, suit on bill made during coverture to his wife, 36. ILLEGAL CONSIDERATION, see Consideration. offer of, on loss of bill, its effect, 263. INDULGENCE, its effect, 121 to 123. 223 to 230. INFANT, when he may be a party to a bill or note, 33 to 35. endorsement by, 34. payment to, 35. 206. INLAND BILLS, see Bills and Notes. INQUIRY, writ of, see Judgment by Default. INSOLVENCY of drawee or maker, no excuse for not presenting or giving notice, 155, 156. 196, 197. INSOLVENT, signing his petition is an illegal consideration for a bill or note, 355. so withdrawing opposition to his discharge, 354, n. INSTALMENTS, when action lies on note payable by instalments, 216. INTEREST, when to be recovered in an action, 232 to 235. when under a commission of bankruptcy, 306. on bills and notes, by the law of what place regulated, 29, 30, 31, n. 237, n. JOINT or several bills or notes, what are, 37 to 40, 41. or several bills or notes, statement of, in pleading, 268, 269. maker or drawer, effect of discharge of one under insolvent law, 222. assets of, how liable, 40. JUDGMENT by default upon a bill or note, what is to be proved upon a writ of inquiry, 333. when the court will refer it to the officer to ascertain the sum due, 334, 335. LACHES, its effects, 124. 137 to 196. 204. 250 to 256. on unstamped bills or notes, 55. see Discharge. LEX LOCI, by the laws of what place, the liability of parties to a bill or note, is regulated, 28 to 32. as it respects the nature, validity, and construction of the contract, 28. the remedy, 32. where a contract is made in one place with a view to the law of another, 28. where a bill or note is drawn in one place, and payable in another, 28, 29, n. 30, n. 31, n. 32, n. how it affects the liability of drawer, 29, 30, 31, n. acceptor, 31, n. damages, 30, 31, n. 32, n. interest, 29, n. 30, n. 31, n. LICENSE from enemy, the sale of, is an illegal consideration, 353, n LIEN on bills and notes, in case of bankruptcy of factor or banker, 310, 311, n. LOSS of a bill or note, what should be done thereon, 73. if made ground for withholding payment, consequences of, 222, 223. |