BILL OF EXCHANGE-Continued.

indorsement of, 131-140.

valid delivery presumed, in hands of holder in due course, 81, 84.
negotiation of, 131-134, 140.

when not negotiable, 33-40, 46, 51, 57.

presentment for payment, 155-163.

presentment before maturity, 158.

title indefeasable, 1.

accidental detention of, 185, 189.

overdue or dishonored bill or note, 140, 141-143.

measure of damages on, 200-202.

release of, when it can be by parol, 213.

discharge of, by payment, 203-212.

material alteration of, 97-102, 155, 215-218, 227.

re-issuing bill, 143, 204, 207, 208.

acceptance supra protest, 219-222.
payment supra protest, 222-224.
inchoate instrument, 76-80.
forgery of, 97-102, 216.

when treated as a note, 44.

inland and foreign, 41,-43, 200.

in sets, 226, 227.

lost bill, 224.

conflict of laws, 227-237.

meaning of "to retire," 207.

difference between bills and cheques, 237.

BLANK INSTRUMENT,

signature on blank paper, 70.

filling in drawer's name after acceptor's death, 71.

BONA FIDE HOLDER FOR VALUE, 110, 118, 121. See Holder in due Course.

BUSINESS DAYS,

what are not, 61.

in computing time, when non-business days are excluded, 62-64, 79, 267.
bill or note falling due on non-business day, 61. See Days of Grace.

CANADA, LAW OF, 234.

CANCELLATION,

of acceptance, 81.

when bill discharged by, 205, 214.

must be apparent, 214, 215.

unintentional, 214.

CAPACITY TO CONTRACT,

meaning of the term, 88, 194.

capacity to incur liability on bill, 44, 48, 50, 88, 98, 164, 167, 178,
182, 194.

corporations, 89, 266. See Corporations and Companies.

CHEQUE,

origin of, 9.

definition of, 227-239.

how transferable, 131.

not entitled to days of grace, 238.

differences between cheques and bills, 237-239.

not an appropriation of money in hands of banker, 192, 239.
presentment of cheque for payment, 159, 239-242.
when presentment or notice of dishonor is excused, 164-168.
must be presented within banking hours, 151, 158, 160, 240.
when want of due presentment discharges drawer, 239-242.
extent to which he is discharged, 240, 241.

duty of bank presenting cheque for customer, 240.
obligation of banker to drawer, 240, 242, 243.

forged cheques, 97, 101, 238. See Forgery.

altered cheques, 102, 217. See Alteration of Bill or Note.
cheque for illegal consideration, 239.

post-dated cheques, 238, 239.

payment by cheque, 205.

marking cheques, 238.

revocation of authority of bank to pay, 242-244.

by stopping payment of cheque, 242, 243.

by notice of death of drawer, 242, 243.

crossed cheques, 244-251.

course of legislation as to, 244.

general and special crossings, 244-247.

who may cross a cheque, 247.

crossing a material part of cheque, 248.

where the crossing is not apparent, 248, 249.

when banker and drawer protected, 248, 249, 251.

drawer or true owner may recover money wrongly received, 250.

effect of crossing "not negotiable," 244, 247, 250.

collecting bauker, receiving payment, protected, 250.

how cheque may be uncrossed, 247.

capacity of corporations to draw cheques, 92.

difference between bill or note and cheque, 237, 259.

CHURCH,

note given by trustees of a, 109.

COLLATERAL SECURITY,

agreement for in bill or note, 37.

surety who pays bill or note entitled to securities, 208, 209.

bill taken as, must be presented, 158.

effect of taking, 211.

COMPANIES. See Corporations.

COMPUTATION OF TIME OF PAYMENT, 62-64, 79.

CONDITION,

instrument payable on a condition not a bill or note, 32, 33, 39, 40.
drawer or indorser, negativing or limiting his liability, 65.

waiving holder's duties as regards himself, 65.

conditional indorsement, 65, 138. See Indorsement.
may be disregarded, 138.

conditional acceptance, 73, 75.

CONFLICT OF LAWS,

rules as to, 227-237.

law of Canada, 234.

CONSIDERATION,

definition of, 110, 112.

what constitutes, 110-117.

pre-existing debt or liability, a good consideration, 110, 113.
lien on a bill is a good consideration, 110, 116.

presumed, 2, 40, 112, 127.

parol evidence admissible to show want of, 69, 111, 113.

as to partial failure of, 86, 111.

as to illegality of, 86, 111, 121, 123.

want of, not an equity attaching to bill, 113.

accommodation party liable to a holder for value on, 110, 115, 118.
legal or equitable duty, sufficient, 114.

contrary to public policy, 121, 123-125.

compounding a felony or misdemeanor, 123-125.

note given on threat of prosecution, 123.

in case of bill or note notice of illegality necessary, 121, 122, 125.
illegal consideration avoids bill, 121, 123, 128.

usurious consideration, 126, 129.

where transfer is by delivery, 202.

CONTINGENCY,

instrument payable on, 39, 40, 57.

CONTRACT ON BILL OR NOTE,

incomplete until delivery, 80, 252, 255.

joint or several, 256.

of parties to, 193-195, 195-198, 262.

CONTRIBUTION,

between co-sureties, 208-212.

COPY,

indorsement on, 134, 135.

protest on, 185.

CORPORATIONS AND COMPANIES,

description of in bill or note, 89.

corporation cannot as a rule contract by bill or note, 67, 87-91, 266,
267.

special or implied authority to draw, accept, or indorse bills, 87-91,
266.

how a bill or note may be made by a corporation, 67, 89, 267.

bill or note payable to officer, 51.

officers signing bills, 67, 104. See Directors.

usury law applicable to certain companies, 129.

Costs,

of plaintiff bringing action without demand, 190, 191, 260, 261.
on lost bill without offering indemnity, 225.

CROSSED CHEQUE, 244-251. See Cheque.

DAMAGES,

measure of, 200-202.

interest may be allowed as, 200, 201.

on delay in presenting cheque to bank, 240, 241.

DATE,

not essential to validity of bill or note, 32, 40, 59.

if no date, holder may insert true date, 59, 78.

insertion of wrong date, 59.

ante-dating or post-dating bill or cheque, 60, 238, 239.
bill dated on Sunday not invalid, 66.

alteration of, in bill or note, 75, 217.

DAYS OF GRACE,

meaning of, 60, 62.

on what instruments allowed, 60.

on note payable by instalments, 54.

bill or note due on last day of grace, 61, 63.

not allowed on sighter demand bills, or cheques, 57, 238.

DEATH,

filling in drawer's name after acceptor's death, 71.
presentment for acceptance where drawee is dead, 150, 151.

for payment where drawee or acceptor is dead, 157, 162.
notice of dishonor where drawer or indorser is dead, 171, 174.
of drawer of cheque, 242, 243.

delivery of bill after indorser's death, 83.

DEBT,

antecedent debt is a consideration, 110, 113.

DEFECTS OF TITLE, 121-126, 140, 145, 193. See Overdue Bill or Note.

DEFENCE,

meaning of, 31.

what is not, 69, 93, 128, 145.

chief grounds of, 86.

DELIVERY,

meaning of, 29.

contract on a bill or note revocable till, 71, 80-86, 255.

in case of acceptance, notice without delivery sufficient, 80, 82.
if bill in hands of holder in due course, valid delivery presumed, 81, 84.
necessary to perfect negotiation by indorsement, 131, 133.
conditional, or for a special purpose, 81, 83, 86.

bill payable to bearer uegotiated by, 131, 132.

rights of transferee by delivery of such bill, 131, 133.
transferor by delivery not liable on instrument, 202, 203.
contract of such transferor, 53, 203.

transfer by delivery gives an equitable title, 133.

DEMAND, BILL OR NOTE PAYABLE ON,

what is, 56, 237, 259.

not entitled to days of grace, 57, 238.

bill accepted or indorsed when overdue, 56.

presentment for payment, 156, 159, 238, 239-242, 259-262.

when bill considered overdue, 141, 143.

when note considered overdue, 258, 259.

cheque is a bill payable on demand, 237, 259.

DILIGENCE, REASONABLE, 147, 148, 150, 159, 163, 164, 178, 203.

DIRECTORS,

when personally liable on bills, 67, 89-91, 104-108.

DISCHARGE OF BILL,

by payment, 203-215.

payment before maturity, 141, 206.

by marriage of maker and payee, 205.

by acceptor being the holder at maturity, 212, 213.

by renunciation at or after maturity, 213.

must be express in writing, 213.
by cancellation, 214. See Cancellation.
by alteration, 215-218. See Alteration.
discharge of bill drawn in a set, 226, 227.

DISCOUNT OF BILL, 110, 116, 208, 215.