IOU, meaning of, 253. is evidence of an account stated, 253. ISSUE OF BILL OR NOTE, 30, 59, 80, 255. JOINT AND SEVERAL NOTE, provisions as to, 49, 136, 256-258. "I promise to pay," signed by two persons, 256-257. if note is joint, judgment against one is a bar to an action, 256. presentment of, 150, 151, 162. JUSTICES OF THE PEACE, may protest bills or notes, 268, 269. LACHES. See Presentment, Notice of Dishonor, Cheque. LAW-MERCHANT, history of, 3-24. LIABILITY, drawer or indorser may limit, 65. of acceptor, supra protest, 220. of drawer or indorser, 65, 195-198. of maker of note, 262, 263. LIMITATIONS, STATUTE OF, when time begins to run on bills, 57. on cheque, 241. LOST BILL, when bill lost or detained, protest may be made on copy, 185, 189. must give an indemnity, 225. drawer of a lost bill entitled to notice of dishonor, 170. when the Court may order it not to be set up, 225. LUNATIC AND IDIOT, contract with, 87. MAKER OF A NOTE, corresponds to acceptor of bill, 252. presentment to, not in general necessary, 259, 261. where note payable at a particular place, 260 MANITOBA, law of, 235. ᎷᎪᎡᏦ, signature may be by, 35. MARKING CHEQUE, effect of bank marking a cheque, 238. MARRIAGE, is a sufficient consideration for a bill or note, 113. an instrument promising to pay on, is not a note, 34, 58. of maker and holder, discharges note, 205. MARRIED WOMAN, contracts with, 88. may now contract as regards her separate property as a feme sole, 88. effect of place of payment being mentioned in a, 76, 161, 260, 261. MIS-SPELLING, drawer's or acceptor's name, 67, 70. payee's or indorser's name, 134, 137. mode of indorsement, where name is mis-spelt, 67, 70, 137. MISTAKE, alteration to correct, 56, 216, 218, 253. MONTH, means calendar month, 62, 64. MUNICIPAL CORPORATIONS, bills and notes of, 40, 88-92, 266, 267. NEGLIGENCE, in taking a bill or note not the same as mala fides, 79, 123, 249, 264- gross negligence may be evidence of mala fides, 123, 166, 264-256. of bank in paying cheque, 248, 249, 250. NEGOTIATION OF BILL OR NOTE, meaning of, 131-134, 140-143. what bills are negotiable, 51, 131, 134, 138. transfer of, without indorsement, 131, 133, 138, 202. by indorsement, 51, 131, 132, 134-139. See Indorsement. within a reasonable time, 76, 143, 148. negotiation back to party, 204, 207-209, 212. when such bill may be re-issued, 204, 208. negotiation of bill by holder whose title is defective, 140, 141, 144-146. of bill issued in blank and filled in afterwards, 76, 80. NEW BRUNSWICK, law of, 235. tariff of notarial fees in, 271. NON-BUSINESS DAYS. See Business Days, NOTARY, presentment of bill by, 160, 161. protests and notices by, 180, 181, 184-189, 221, 223, 269. NOTE. See Promissory Note. NOTICE, what amounts to notice of defect of title, 121, 122, 141, 145, 265. NOTICE OF DISHONOR, on dishonor by non-acceptance or non-payment, 152, 153, 168-170. must be a formal notification of dishonor, 166, 173. by non-payment, after notice of dishonor by non-acceptance, 169. by an agent, 170, 172. what parties may avail themselves of it, 170, 171, 173. sufficiency of, 171, 173, 174. may be verbal or written, 171, 173. misdescription in, 171, 173. in case of death of drawer or indorser, 171, 172, 174. two or more drawees, 171, 175. when to be given where the parties live in same place, 171, 175. in different places, 171, 172, 176. time within which party receiving notice has to give notice, 172, 176. consequences of not giving due notice, 168. when excused, 178, 179. waiver of, 178, 182. as regards drawer, where drawer and drawee the same, 178. drawee fictitious, or not able to contract, 178, 182. absence of effects in drawee's hands, 178, 183. countermand of payment, 178. as regards indorser, drawee fictitious, or not able to contract, 179, 183. when bill presented to indorser, 179. bill or note for his accommodation, 179, 183. miscarriage by post-office, 172, 177. acceptor for honor entitled to, 220. NOTING FOR PROTEST, what it is, 184, 185, 187. not necessary on inland bill, except in Quebec, 184, 186. when delay in noting excused, 185, 267. NOT NEGOTIABLE, when bill or note becomes, 51, 139, 140, 142, 204, 207. NOVA SCOTIA, law of, 235. tariff of notarial fees in, 270. OFFICE, bill may be payable to holder of an office, 48. ONTARIO, law of 235. notarial fees in, 270. ONUS PROBANDI. See Evidence. ORDER, BILL PAYABLE TO, what bills are, 51, 52. assignable by indorsement, 51. See Indorsement. omission of the words "or order" in special indorsement immaterial, 51. OVERDUE BILL OR NOTE, negotiation of, 140-143, 252. may be accepted, 71, 62. when bill payable on demand is overdue, 141-143. when note payable on demand is overdue, 258. not overdue if a reasonable time has elapsed since issue, 258. when cheque is overdue, 240. subject to equities and defects of title, 141. bill indorsed when overdue is payable on demand, 56, 57. PART PAYMENT, when a discharge of bill or note, 205. PARTIAL ACCEPTANCE, 73, 85. See Qualified Acceptance. PARTIAL INDORSEMENT, 135, 138. See Indorsement. PARTNER, each partner the agent of the others, 83, 93, 95, 175, 205. where one partner can bind the firm by bill or note, 68, 70, 76, 256. acceptance in blank by, 77, 97. indorsement by, 136. PARTNER-Continued. notice of dishonor to, 175. partnerships not in trade, 76, 89, 96. signature as agent, or in representative capacity, 96, 106, 136. PATENT RIGHT, bill or note given for, 126, 130. PAYEE, meaning of, 32. must be indicated with reasonable certainty, 31. fictitious or non-existing person, 48, 50, 98, 195. the holder of an office, 48, 49. as to filling in payee's name where it is left blank, 48. signature of, necessary to incur liability as indorser, 92, 93. PAYMENT, meaning of, 204. presentment for, 155-163. See Presentment for Payment. to whom payment should be made, 204, 206. by whom, 203, 204. on maturity of bill, 204. part payment, a discharge, 205. accommodation bill, 204, 209-212. when drawer or indorser may re-issue bill after payment, 204, 207-209. "stopping" payment of cheque, 242, 243. when drawer or true owner of cheque can recover the amount, 250. when crossed cheque is paid contrary to the crossing, bank liable, 248. payment of debt by smaller amount, 205, 213. PAYMENT, Supra Protest, meaning of, 222, 223. where two or more offer to pay, for whose honor, 222. 222. what procedure required on, 223, 224. rights of payer for honor supra protest, 222, 223. holder of bill refusing to receive, 223. PERSON, what it includes, 44. fictitious. See Fictitious Person. |