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LOSS, when an action may be brought on a lost bill or note, 261

to 264.

how proved, 332, 333.

or destruction of a bill or note, no excuse for not giving notice
of dishonor, 196.

LOST or stolen bill, transfer of, 72.

action by endorsee or bona fide holder for value, 318.

its loss and contents, how proved, 332.

MAIL, notice by, see Notice.

MAKER of a note, whether liable to costs of suit against endorser,
219, n. 236.

MEMORANDUM on a bill or note, 25 to 27.

MONEY COUNTS. When the amount of a bill or note may be re-
covered under, 244 to 259.

evidence in support of, what necessary, 312.

NAME of acceptor, when to be specified, 103.

drawer, 23. 391.

payee, 22, 23. 391.

drawee, how stated in declaration, 271.

payee, how stated, 272.

NEGLECT, see Discharge.

NEGOTIABILITY not essential to a bill or note, 21.
words necessary to create it, 18.

may be restrained by endorsement, 68 to 72.
when to be stated in pleading, 274.

in the several States, 2.

NON-ACCEPTANCE, see Notice. Protest.

NON-PAYMENT, see Notice.

Protest.

NOTARY PUBLIC, what is evidence that he is duly commissioned
and sworn, 332, n.

NOTES, see Bills and Notes.

NOTICE, by whom to be given, 161 to 164.

to whom generally, 124. 163. 184 to 186.

to acceptor of bill or maker of note, where they fix special
place for payment, 203, 204.

to endorser on note made for his accommodation, 203.

on bills or notes having fictitious drawees or makers, 202.

in case of lost or destroyed bill or note, 196.

of non-acceptance, after unnecessary presentment, 159. 175, n.

after unnecessary protesting, 160.

on the offer of a partial or conditional acceptance, 160.

its form, 161, 162. 183, n.

what is, 177, n.

at what time, 171 to 176.

to parties resident in the same place, 171.

in different places, 171, 172.

when the proper day is a day of rest, 172, 173.

must be at a seasonable hour, 176.

by banker to his customer, 173.

verbal, 176.

how to be sent, 176 to 182.

to what place to be sent, 177, n.

want of, not excused by bankruptcy or insolvency of drawee or

maker, 196, 197. 200, n.

want of, when excused by ignorance of party's residence, 180
to 182.

NOTICE, want of, when excused in cases of expectation or intimation that the drawee or maker would not pay, 197 to 199.

on accommodation paper, 199 to 202.
on paper with fictitious names, 202.
by parol agreement that payment
should not be demanded, 202.
by part payment or promise, 187 to

192.

by proof of no effects, 192 to 196. 199.

on account of endorser's being indemnified, 156.

by prevalence of malignant fever, .175.

by negotiation pending when note falls due, 203.

when note void against maker, 204. by suing maker, 204.

rules regulating, waived or modified by custom or agreement,

157.

to one of several partners, sufficient, 182, 183.

neglect to give it, legal consequences of, 124. 159 to 196.

second, if necessary, 183.

when and how to be pleaded, 286, 287, 288.

how proved, 329 to 332.

proof of, when dispensed with, 319 to 321.

reasonable, whether a question of law or fact, 142, 143.

liability of bank for not giving notice on note left for collection,

164, n.

NOTING, at what time it must be, 169. 170.

OBLIGATION, by drawing a bill or note, 27.

PAROL EVIDENCE, see Agreement.

PARTIES to a bill or note, who may be, 33 to 55.

fictitious, of making bills or notes payable to, 19, 20.

PARTNER, bills or notes drawn, accepted, or endorsed by, 40 to 46.

101.

by one alone in fraud of the partnership, 41 to 44.

after dissolution of the partnership, 44, 45. 76.
where there are more than six partners, 46.

notice to one sufficient, 182, 183.

satisfaction as to one, is satisfaction as to all, 231.

signature by, in partnership name, generally, 40 to 45.

how stated in pleading, 269, 270.

PARTNERSHIP, proof of, when necessary, 316. what presumed to be partnership style, 46. may endorse to one partner, 77.

endorsement by, how stated in pleading, 278.

PAYEE, certainty of, 22.

PAYMENT, to whom to be made, 206.

to a bankrupt, what good, 206, 207, 208.
by a bankrupt, what good, 207, 208.

before the bill or note is due, effect of, 210.

when, on a bill or note payable on demand, 141 to 148.

payable after certain event, 150.

payable after date and not dated, 154.

payable at sight, 151.

payable at usance, 155.

PAYMENT, supra protest, 209.

on forged or lost bill, consequences of, 73, 74. 259. 326, 327. when money paid on a bill or note may be recovered back, 85, 86, n. 189. 209.

before endorsement, when a defence, 91, n.

of note not negotiable, after an assignment, 208.

on one of a set, another having been protested and returned, effect of, 209.

PLACE, effect of making a bill or note payable at a particular place, where it is made so by the express words of the bill or note, 18.

or by acceptance, 115.

in making notice necessary to acceptor or maker, 203, 204.
statement of, in pleading, 267, 268. 272.

PLEADINGS on a bill or note, 264 to 289.

POST, notice by, see Notice.

PRESENTMENT, what necessary, and consequences of not making,

124 to 126. 140.

at what place to be made, 126 to 135. 150.
at what time of day, 135 to 137.

by whom, 141.

for acceptance, in what case necessary, 137.
within what time, 138 to 141.

of leaving the bill thereon, 139.

for payment, of leaving the bill, 140.

within what time, 141 to 150.

of a bill or note payable on demand, 141 to 148. of a bill payable at sight, 151.

payable at usance, 155.

payable, after a certain event, 150.

of a check, at the clearing house, 147, 148.

want of, not excused by bankruptcy of drawee or maker, 155. or insolvency, 155.

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or by waiver of right to notice, 125.

or by same person's being a member of the partnership signing and of that endorsing a note, 159.

when excused by change of residence of drawee or maker, 127.

where endorser is indemnified, 156.

in case of maker's death before day of payment, 159, n.

when to be stated in pleading, and how, 280 to 285.

rules respecting, how modified or waived by custom or agreement, 157, 158.

what is evidence of, 329 to 331. 332.

whether necessary on note of an incorporated bank, in order to charge it, 125.

when to be proved, and when presumed, 315. 319 to 321. PROCURATION, signature by, how to be stated in pleading, 269. 278. PROMISE to accept, when it amounts to an acceptance, 103 to 109. to pay, after notice of laches, its effect, 187 to 192.

when an admission of presentment and notice, 320 to 322.

PROMISSORY NOTES, see Bills and Notes.

PROOF under a commission of bankruptcy, see Remedy.
PROTEST, what, 164, 165.

on bills or notes it may or must be made, 164 to 169.
consequence of a neglect to make it on foreign bills, 164.
ditto on inland ones, 167.

on foreign bills, at what time to be made, 169, 170.

on inland bills, at what time to be made, 170.

when to be stated in pleading, 285.

how, 286.

how proved, 332.

when presumed, 319, 320, 321.

need not accompany notice, 170, n.

for better security, what, 101.

Q. q. effect of these letters after signature of drawer, 49, n.
RANSOM, whether a legal consideration, 359, and note.

REASONABLE TIME, see Time.

RECEIPT of a bill or note, what it implies, 124.

RE-EXCHANGE, by whom payable, 236, 237, and see 306, n. 41. cannot be referred to the officer of the court, 334.

see Damages.

REFERENCE when the court will refer it to the officer to ascertain the sum due, 334, 335.

RELEASE, effect of, 227, n.

REMEDY in respect of a bill or note.

1. by action, 211 to 289.

against whom, 217, 218.
by whom, 211 to 214.
several persons, 213.

in whose name, 211, 212.
on negotiable note, 212.

on note not negotiable, 212.

at what time, before time for payment, 215.

on note payable by instalments, 216. where interest payable annually, 216. not before notice, 216.

after notice put into the post-office, 216, 217.

of staying proceedings thereon, 218, 219.

where barred by satisfaction of the bill, 219 to 223. where barred by discharging or giving time to parties, 120 to 123. 223 to 230.

not barred by mere delay to sue another party 220, n.

by part payment by another party, 228. what recoverable thereby, 218, 219. 232.

after partial satisfaction, 231. what maintainable upon the bill or note, 239, 240. when the bill, &c. may be used as evidence in another action, 244 to 248.

what maintainable for the consideration, 248 to 261. what maintainable upon a bill, &c. destroyed or lost, 261 to 264.

against joint makers, after judgment against one of them, 220.

declaration with observations, 264 to 289.

2. by proof under a commission of bankruptcy.

in what cases, generally, 290 to 301.

REMEDY, by proof,

before the bill or note is due, 290 to 292.

on transfer after the bankruptcy, 293 to 295. where the bankrupt's liability commences after bankruptcy, 294.

on bills, &c. taken up after commission issued, 295.

by surety, 295 to 297.

on counter acceptances, or mutual accommodation-bills, 298 to 304.

under several commissions, 304, 305.

of a bill or note pledged, 305, 306.

to what amount, 306.

what debts may be set off, 307 to 309.

REMITTANCE, where the receiver is bound to apply it to discharge a bill or note, 246 to 247.

RENEWED bills or notes, how far they stand upon the footing of the original bills or notes, 297. 360, 361.

SATISFACTION of a bill or note, what is, 219 to 223. as to one partner, extends to all, 231, 232. SERVANT, signature by, when personally binding, 101. bill or note by, statement in pleading, 269.

SET, of drawing bills in sets, 17.

of transferring them, 93.

of declaring on them, 273.

SET-OFF under a commission of bankruptcy, 307 to 309, 310, n. when allowed of demands against party to the note not plaintiff,

2. 309.

SIGHT, bills payable at, when due, 151.

after, when due, 151.

SIGNATURE of a bill or note, 23, 24.

how pleaded, 268 to 270.

how proved, 322 to 328.

where there is a subscribing witness, 322.

by comparison of hands, 324.

by witness who has seen the party once write all the letters of his name, 324.

him write some only, 324.

confession, when sufficient proof of, 322 to 325. 328.
adoption of, what amounts to, 325 to 327.

of a partner, 328.

or servant, 328.

how pleaded, 269.

how proved, 328.

STAMP, what necessary on a bill or note, 55 to 57.

on notes made out of Great Britain, 55, 56.
on bills signed abroad, but filled up here, 56.
but sketched out here, 56.

on bills dated abroad, but made here, proof, 56,

on inland bills, 70 to 74.

what to be deemed an inland bill with reference to 56, 57.

frands to evade, by dating bill or notes abroad, 57.

STATEMENT of bill or note, in pleading, 268.

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