(The references are to pages.) DRAWEE-Continued. but not to two or more in the alternative, 150. time allowed in which to accept, 155. retaining or destroying bill is liable as acceptor, 155. engagement of by drawing bill, 81. admission of, 81. liability of, 81. may negative liability, 81. existence of admitted by acceptor, 81. when presentment not necessary to charge, 106. right of recourse to, 109. notice of dishonor must be given to, 115. when notice of dishonor need not be given to, 133. when released by failure to present bill for acceptance, 160. liability of where bill dishonored by non-acceptance, 162. of check discharged if holder has check certified, 179. what will constitute, 107, 108, 132, 133, 177, 178. EVIDENCE, admissibility of evidence to show agreement among EXCHANGE, provision for, 10. EXHIBITION OF INSTRUMENT, when necessary, 103, 112. payment without, 112, 113. FICTITIOUS PERSON, when instrument payable to order of whether instrument payable to order of estate is, 21. presentment for payment not required where drawee is FIGURES, where there is a discrepancy between words and figures, 26. (The references are to pages.) FISCAL OFFICER, instrument payable to, 46. FORGED SIGNATURE confers no right, 30. when party estopped to allege forgery, 30. GAMBLING DEBT, note given for, 72-74. GENUINENESS, warranty of where negotiation by delivery, 87. when warranty of not implied, 87. warranty of by general indorser, 87. acceptor admits signature of drawer, 81, 82. acceptance does not admit signature of indorser, 82. nor handwriting in body of instrument, 82. GOLD COIN, note payable in, 17. GUARANTOR, person may become such, 83. when proceedings against principal are necessary, 115. GUARANTY, conditional guaranty, 110. HOLDER, meaning of term, 4. may sue in his own name, 62. may receive payment, 62, 63. rights of where bill dishonored by non-acceptance, 162. refusal to receive payment for honor, 172. by having check certified discharges drawer and in- of checks cannot recover of bank on check until it ac- HOLDER FOR VALUE, what constitutes, 39. person having lien is, 41. when bank discounting note is, 39, 65, 66. HOLDER IN DUE COURSE, what constitutes, 63-67. in case of instrument payable on demand, 66, 67. what constitutes notice of equities, 68-71. holds instrument free from equities, 71-75. rights of person claiming under holder in due course, when burden on holder to prove that he took instrument HOLDER OF OFFICE, instrument payable to order of, 19, 20. INCOMPLETE INSTRUMENT, filling blanks, 23-26. not delivered, 26. acceptance of, 156. INDORSER, where character not clear signer is presumed to be when person deemed such, 83. admits capacity of prior party, 91. parol evidence to vary liability of, 85-87, 91-93. when presentment for payment not necessary to charge, 106. right of recourse to, 109, 110. not a mere surety after dishonor, 109, 110. liability where collaterals have been received, 110. holder not required to proceed on collaterals in order to charge indorsers, 110. notice of dishonor must be given to, 115. when notice of dishonor need not be given to, 134. what will discharge, 97-100, 138–142. payment by does not discharge maker, 142-144. liability of where bill dishonored by non-acceptance, 162. of check discharged by delay to present, 177, 178. (The references are to pages.) INDORSEMENT, meaning of term, 4. instrument indorsed in blank payable to bearer, 21. by corporation, 35. where written, 49. required for negotiation of instrument payable to order, 48, 49. must be completed by delivery, 48, 49. must be on instrument, 49, 50. or on an allonge, 49, 50. signature alone sufficient, 50. must be of entire instrument, 50. special indorsement, 51. indorsement in blank, 51. how special indorsement converted to blank indorsement, when restrictive, 51, 52. restrictive indorsement prohibiting further negotiation, restrictive indorsement constituting indorsee mere agent, restrictive indorsement vesting title in trust, 52. effect of indorsement "for collection," 52. restrictive indorsement authorizes indorsee to receive restrictive indorsement authorizes indorsee to bring restrictive indorsement authorizes indorsee to transfer his rights as indorsee, 53. effect of qualified indorsement, 53, 54. qualified indorsement does not impair negotiable char- qualified indorsement does not throw suspicion on paper, 54. of instrument payable to bearer, 55. where instrument payable to two or more, 56. by cashier, 56. by fiscal officer, 56. where name misspelled, 57. (The references are to pages.) INDORSEMENT Continued. where payee or indorsee wrongly designated, 57. in representative capacity, 57. presumption as to place of, 58. presumption as to time of, 57, 58. striking out indorsement, 59. effect of striking out indorsement, 59. when may be done, 59, 60. transfer without indorsement, 60. rights of transferee, 60, 61. prior equities, 60, 61. warranty where negotiation by qualified indorsement, warranty of title in case of qualified indorsement, 87-89. INFANT, indorsement by, 35. INLAND BILL, what is, 150. INSOLVENCY, does not excuse presentment, 107. INSTALLMENTS, instruments payable in, 9. INSTRUMENT, meaning of term, 4. INTEREST, where instrument does not specify date from which does not make sum uncertain, 9. ISSUE, meaning of term, 4. JOINT DEBTORS, presentment to, 105. JOINT PARTIES, two or more persons signing "I promise to JUDGMENT NOTES, 15, 16. LAW MERCHANT, when governs, 6. LIABILITY, no one liable whose signature not on instrument, 32. of person signing as agent, 32. of maker, 80. of drawer, 81. of acceptor, 81-83. of irregular indorser, 83-87. where paper negotiated by delivery only, 87-89. where paper negotiated by qualified indorsement, 87-89. |