DISHONOR-Continued. by non-payment, 268 recourse for, 269 notice to drawer and indorsers on, 270 drawer and in lorsers discharged unless notice of, 270 notice of non-acceptance, and non-payment, 273 rules as to giving notice of, 273. See Notice of inland bill, 237 of foreign bill, 299 note, 432 of bill by acceptor supra protest, 371 DISPENSING with presentment for acceptance, 249 payment, 264-8 notice of dishonor, 202-6 protest, 305 DISSENT, by drawer or indorser to qualified acceptance, 254 DIVIDEND WARRANTS, crossed cheque provisions apply to, 444 are negotiable, 445 DOMINION NOTES, 418, 454 DONATIO MORTIS CAUSA, cheque given as, 171, 405 DRAFT, bill frequently called, 34 DRAWEE, is person to whom bill is addressed, 33, 39 instrument not a bill if not addressed to, 39 bill may be drawn payable to order of, 55 not be alternate or successive, 59 by assent to bill becomes the acceptor, 99 assent must be written on bill and signed by, 102 qualified acceptance by some, not all, 109, 114 if fictitious, presentment excused, 249 not accepting not liable on bill, 310 accepting parts of set, liable on each, 378 DRAWER, is person who addresses bill, 33, 39 bill may be drawn to order of, 55 may insert name of case in need, 97 may limit liability or waive holder's duties, 97 order of, may be accepted generally, 107 may give signature on blank paper, 114 delivery presumed, if not in possession of bill, 121 where no capacity to be party to bill, 136 must sign as such to be liable, 138 action on forged indorsement for one year, 146 signing as agent, officer or representative, 159 may re-issue bill negotiated back to him, 231 want of notice of dishonor, 270 if dead, notice given to representative, 280 estoppel of, as to payee, 316 damages recoverable by, who pays, 324 bill not discharged when paid by, 349 may not re-issue bill to order of third party, 349 may re-issue bill to his own order, 349 if bill for his accommodation, his payment discharges it, 351 accepted for honor of, if not otherwise stated, 368 may be required to replace lost bill, 374 undertaking of, 384 of cheque discharged by negligence of holder, 401 of cheque may stop payment before acceptance, 404 of crossed cheque, rights if paid in good faith, 401 DUE COURSE, holder in, 186-See Holder payment in, defined, 332-See Payment DUE DATE, how determined, 90-6 place of payment governs, 390 DURESS, cause of defective title, 190-3 evidence of, shifts burden of proof, 198 ENGLAND, law of, in Quebec, 7, 8, 9 Ontario, 10 Nova Scotia, 11-13 New Brunswick, 13 P. E. Island, 14 Manitoba, 15-17 N. W. Territories, 17 B. Columbia, 18 common law of, in Canada, 450 * EQUITABLE ASSIGNMENT, of fund or part, 48-50 bill or cheque not, 310-1 of bill, 70 of chose in action, 70-1 EQUITY attaching to bill. See Defect of Title ERASURE of signature, holder must account for, 360 of name, material alteration, 364 ECROW, bill delivered as, 122 ESTOPPEL, defined, 150 of acceptor, as to drawer, 313 of drawer as to payee, 67, 316 of indorser, as to drawer and prior indorsers, 317 EVIDENCE, to vary or contradict bill, 36-9 date may be proved to be wrong, 88 EXCHANGE, bill may be payable with, 74, 77-8 damages on bill dishonored abroad, 326-7 EXHIBITED, bill should be, on demanding payment, 309 FACT, reasonable time, question of, 117 unreasonable time, question of, 229 FAILURE OF CONSIDERATION, effect of total, 176-8 effect of partial, 178-9 FAST DAY, is a holiday for bills, 92 FALSE PRETENCE, giving cheque where no account is, 396 FEAR, cause of defect in title, 198 effect of evidence of, 198 FEES, for noting or protesting, 440-2 part of liquidated damages, 324 provincial tariffs for, continue, 440 FICTITIOUS, where drawee, bill treated as note, 56 presentment is excused, 249, notice of dishonor is excused, 294 where payee, bill payable to bearer, 63 person defined, 66 parties to bills, 68-9 FIGURES, different from words, latter govern, 78 FIRM, see Partners FORCE, cause of defect in title, 198 effect of evidence of, 198 FOREIGN BILL, what is a, 52 accepted for part, must be protested for balance, 254 if not, on face, protest unnecessary, 299 protested for non-acceptance and non-payment, 30) not stamped, valid, 382 in Canadian form valid here, 383 law of place of contract governs, 383 FOREIGN NOTE, what is a, 421 should be protested to bind indorsers, 432 MC'L B.E.A.-34 FOREIGN CURRENCY, computation of, 390 confers no right except by estoppel, 145, 151 forged cannot be ratified, 145, 148, 150 one year to bring action for payment on, 146, 150 drawee of cheque indorsed with, has action, 146, 450 injunction as to bill with, 150 illustrations of, 151-3 66 146 |