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126

SUCCESSIVE DISABILITIES.

disability falls under a further disability, it seems that he has six years from the cesser of such disability as is the last to be removed within which to bring his action, and where a person liable to be sued is beyond the seas and before his return, the person entitled to sue falls under a disability, such latter person, it seems, has six years within which to bring his action after the removal of his disability or the return of the person liable to be sued, whichever happen latest.

(Hewitt, pp. 61 and 62, citing Lessee of Supple v. Raymond, Hayes, Ir. R. 6, and other cases.)

INDEX.

Acceptance,

cheques do not require, 2

initialling and marking cheques as good analogous to, 2
Acceptor, banker not an acceptor of a cheque, 2
Accord and satisfaction,

when payment by cheque amounts to, 118, 119
definition, 119
a question of fact whether a cheque is taken in satisfaction

or part payment, 119
Action,

holder may bring, in his own name, 6
on bearer or order cheque, 6
on cheque and on consideration distinguished, 23, 43
indorser liable to action by holder, 5, 6, 9
drawee bank liable to action by drawer only, 11, 15
burden of proof in action, 39, 40, 41, 42, 43

lost cheque, 36, 37
After date,

bills so payable, 2
days of grace, 2
bills after date and post-dated cheques compared, 25, 88–

90

After sight, bills so payable, 2
Agent. See Principal and agent
Alteration,

what a material, 74, 75
effect of, 74

when not apparent, 74
crimes relating to, 75

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Alternative payee, cheque may be so payable, 8
Amount,

words and figures, 63, 64
where cheque blank, 62, 63
where amount filled in only in figures, 63, 64
fraudulent alteration of, 64–72

Antecedent debt, a consideration for a cheque, 39
Antodated cheque is valid, 88
Assignment, no need of, to transfer a negotiable instrument, 4
Authority,

of partners, 25, 90
of one signing “per pro.," 25, 26, 51, 79
of agent or representative, 24–26
to fill up blank cheque, 62, 63
alteration without authority, 64–72, 74, 75
cancellation without authority, 73
drawing, &c., without authority, criminal, 75
effect of signature without authority, 76–79
when banker's authority to pay is determined, 106, 107

Banker,

not acceptor of cheque drawn on bank, 2
initialling and marking cheque as good, 2
and customer, the relation defined, 16, 17
duty to pay cheques, 11
liability to drawer for not paying, 11, 12, 13, 14

for paying wrongfully, 14, 47, 48, 64—73
not liable to holder for not paying, 15
when duty to pay is determined, 106, 107
when holder for value of cheques paid in by customer, 17—

19, 40, 55-58
paying forged cheque, 76—81
how if payee be fictitious, 77, 78
paying cheque held under forged indorsement, xii-xiv,

78, 79
paying altered cheque, 64–72, 74
collection of crossed cheque by, 51–61

payment of crossed cheque by, 46—49
Branch Banks,

when regarded as separate, 19, 20, 102—104
notice of dishonour þy, and to, 102-104
can combine accounts against customer, 20

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Bankruptcy of customer determines banker's authority to pay,

106

Bearer,

defined, 8
when cheque so payable, 8, 10, 77, 78
" bearer" cheque negotiated by delivery, 28

effect of transfer of such cheque by delivery, 32
Bets, cheques given for, 43, 44
Bill of exchange,

distinguished from cheque, 2, 3

cheque a bill of exchange payable on demand, 1
Bills of Exchange Act,

how far applicable to cheques, V., &c.
uncertainty of effect of some provisions of, V.-xiv., 21,

30, 93
Blank,
signature in, 33, 34, 62, 63

when instrument complete and when inchoate,

33–35, 62, 63
authority to fill up, 62–67
fraudulent filling up, 34, 66, 67
indorsement in, 10, 11
its effect, 10

a blank, convertible into a special indorsement, 11
Blank cheque, 62, 66, 67
Bona fides,

bonâ fide holder, 7
presumption of, 40, 41

Cancellation,

of cheque or signature, 73

if by mistake, 73
Capacity,

of corporation, 20—22
of infant, 22-24
of insane person, 24

of married woman, 24
Certainty,

of payee, 8
of sum payable, 2

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Cheque,

defined, 1
how different from bill, 2, 3
how far provisions of Bills of Exchange Act are applicable

to, v., &c.
initialled and marked, 2
when negotiable and when not, vi.-ix., 3, 30, 49–51, 83—87
when transferable and when not, vi.-ix., 30, 60
order, 8, 9, 28, 31

bearer, 8, 28, 32
Indorsement,

special, 10, 11
blank, 10, 11

conversion of blank into special, 11
overdue cheque, ix.-xii., 83-87
effect of being, ib.
dishonour. See Dishonour
time for presenting (1) to charge drawer, 91–96

(2) to charge indorser, 91, 92
excuses for delay in presenting, 96, 97
banker's duty to pay, 11-15

when determined, 106, 107
banker not liable on, 15
lost cheques, 37, 38
payment of forged, 76–81

cheque held on forged indorsement, 78, 79

altered cheque, 64–72, 74
blank cheques, 62, 66, 67
cheques drawn with no effects, 107–109
criminal offences as to, 61, 75, 108, 109

date of. See Date
as evidence of payment, 111-117
as payment, 113, 118, 119
as gift, mortis causa , 119–121

inter vivos, 121
consideration. See Consideration

overdue, ix.-xii., 83—87
Crossed Cheque,

still negotiable, xii.-xiv., 47, 49
general and special crossings, 45, 46
special crossing to more than one banker, 46
“not negotiable" crossing, yii., xiv., 3, 30, 49, 51, 55,

57, 60
crossed “account of," viii., 30, 60
payment of, 49, &c.

in contravention of crossing, xii.-xiv., 46,

47, 48

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