(The references are to pages.)

BANK, meaning of, 3.

when bank discounting paper holder for value, 39, 65, 66.
instrument payable at equivalent to order to pay, 111.
presentment of instrument payable at, 103, 104.
hours for making presentment, 103, 104.

where bank is closed, 104.

what will be considered a bank, 104.

when suit may be commenced upon paper payable at, 104.
duty of to present bill for acceptance, 159, 160.

liability of on certified check, 179.

not liable on check unless it accepts or certifies the same,

180.

BANK NOTES, note payable in, 17, 18.

BEARER, meaning of term, 4.

instrument must be payable to or order, 8.

when instrument payable to, 20-22.

instrument payable to person named or bearer, 20.

instrument payable to fictitious person, 20.

when payee not name of any person, 20.

when indorsed in blank, 20.

instrument payable to cash is payable to, 22.

instrument payable to sundries is payable to, 22.

instrument payable to estate, 21.

indorsement of instrument payable to, 55, 92.

former rule in some States, 92.

BILL, meaning of term, 4.

BILLS IN A SET constitute one bill, 173.

rights of holder where different parts are negotiated, 173.
liability of indorser, 173.

acceptance of, 174.

payment of, 174.

effect of discharging one of a set, 174.

BILL OF EXCHANGE, term "bill" means bill of exchange, 4.
ambiguous instrument may be considered either bill or
note, 29.

definition of, 149.

is not an assignment, 149.

where drawer and drawee are same person, 150.
may be addressed to two or more drawees, 150.
but not to two or more in the alternative, 150.

(The references are to pages.)

BILL OF EXCHANGE — Continued.
inland bill, what constitutes, 150.

foreign bill, what constitutes, 150.

when bill may be treated as promissory note, 150.
when bill may amount to an assignment, 149, 150.
referee in case of need, 151.
BLANKS, when may be filled, 23-26.
when improperly filled, 23-26.
presumption as to authority, 23-26.
statute does not apply to payee, 24.

no authority to fill where instrument has not been deliv-
ered, 24.

BOHEMIAN OATS NOTES, provisions as to, 18.
BONDS, how made non-negotiable, 184.

liability of person negotiating, 87, 88.

BROKER, liability of, 93.

BURDEN OF PROOF, where title of prior party was defective,
77-79.

CANCELLATION discharges instrument, 136.

unintentional cancellation, 145.

effect of, 145.

burden of proof, 145.

CAPACITY, acceptance admits capacity of drawer to draw bill,

81, 82.

warranty of where negotiation by delivery, 87.

warranty of by general indorser, 89.

"CASH," instrument payable to, 22.

CASHIER, instrument payable to, 56.

not disqualified to act as notary, 166.
may protest his own note, 166.

CERTIFICATION, effect of, 179.

equivalent to acceptance, 179.

where holder has check certified, 179.
where drawer has check certified, 179.

CHECK defined, 176.

difference between check and bill, 176, 177.

presentment and notice of dishonor necessary, 177.
within what time must be presented, 177, 178.
effect of delay, 177, 178.

CHECK

(The references are to pages.)

Continued.

certification of, 177, 179.

is not assignment, 180.

agreement for assignment by, 180.

COLLATERAL SECURITIES, provision for sale of, 15.
must be tendered with instrument, 103.

holder receiving collaterals not required to proceed upon
before suing indorser, 109.

"COLLECTION," indorsement for, 52.

effect of, 52.

liability of indorser, 116, 117.

CONDITIONAL INDORSEMENT, party paying may disregard
condition, 54, 55.

indorsee holds subjects to rights of indorser, 54, 55.
CONFESSION OF JUDGMENT, provision for, 15, 16.
CONFLICT OF LAWS, by what laws demand of payment de-
termined, 96.

by what law validity of promise to accept determined,
154.

bill payable in foreign country, 96.
CONSIDERATION, presumption as to, 38.

what constitutes, 39.

antecedent debt, is, 39-42.

absence or failure of is defense, 43.

partial failure of is defense pro tanto, 43.

accommodation parties, 44.

presumption as to in case of non-negotiable note, 32,
175.

instrument given for speculative consideration, 331.
requirement that consideration be stated, 74, 183.
CONTINGENCY, instrument payable on is not negotiable,

13, 14.

CORPORATION included in word "person," 4.

indorsement by, 33.

delivery of paper of by officer for personal debt, 71.
acceptor admits capacity of to draw, 82.

may not become accommodation party, 46.

CURRENT MONEY, designation of particular kind of, 16,

17, 18.

(The references are to pages.)

DATE, absence of does not affect validity of instrument, 16.

presumption as to date, 22, 29.

evidence to show mistake as to date, 22.

instrument may be ante-dated, 22.

may be post-dated, 22.

when date may be inserted, 23.

insertion of wrong date, 23.

alteration of date, 147.

from what date law takes effect, 185.

DAYS OF GRACE, abolished, 110.

rule not uniform, 111.

DEFENSES, when instrument subject to, 71-77.

nature of, 71-76.

who liable to, 71-77.

DELAY, when delay in presenting for payment is excused, 106,

107.

in giving notice of dishonor, 133.

in presenting check, 99, 177, 178.

DELIVERY, meaning of term, 4.

of incomplete instrument, 26.

contract revocable until delivery, 27.
presumption as to delivery, 27, 28.
necessary to convey title, 48, 49.

evidence to show terms of delivery, 49.

is negotiation of instrument payable to bearer, 48.
of bill or check implies representation that drawee is in
funds, 82.

warranty where negotiation by delivery, 87-89.

DEMAND, INSTRUMENT PAYABLE ON, instrument must
be payable on demand or at determinable future
time, 8.

instrument expressed to be payable on, 18.

payable at sight, 18.

payable on presentation, 18.

when no time expressed, 18.

instrument issued, etc., when overdue is payable on de-
mand, 18.

distinction between and instruments payable on demand

and at sight, 18.

(The references are to pages.)

DEMAND, INSTRUMENT PAYABLE ON

when words, "on demand" may be added, 19.

legal intendment cannot be changed by patrol, 19.
instrument payable on demand negotiated an unreason-
able time after its issue, 66.

overdue bill is payable on, 18, 97.

when instrument payable on demand must be presented,
96-100.

DETERMINABLE FUTURE TIME, instrument must be pay-
able at, 8.

what is, 13.

fixed period after date or sight is, 13.

on or before fixed time is, 13.

on or after event certain to happen is, 13.

DISCHARGE OF INSTRUMENT by payment on behalf of
principal debtor, 136.

where principal debtor becomes holder after maturity,
136.

by cancellation, 136.

by other act, 136.

by payment by party accommodated, 136.

of one part of a bill drawn in a set, 174.

DISCHARGE OF PARTY SECONDARILY LIABLE by dis-
charge of instrument, 138.

by cancellation of signature, 138.

by discharge of prior party, 138.

by tender by prior party, 138.

by release of principal debtor, 138-140.

reservation of rights against surety, 138, 140.

extension of time, when will discharge, 138–141.

mere indulgence will not discharge, 140.

where holder allows statute of limitations to run against

principal debtor, 139.

accommodation maker not discharged by extension
granted indorser, 140-142.

DISCOUNTING PAPER, when bank holder for value, 39, 65,

66.

DRAWEE must be named or indicated in instrument, 8.

not liable until acceptance, 149.

bill may be addressed to two or more, 150.