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(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.
DRAWER, instrument payable to order of, 19.

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.
when protest necessary in order to charge, 163.

of check discharged if holder has check certified, 179.
DUE DILIGENCE, when question of law, 107, 133.
when question of fact, 107.

what will constitute, 107, 108, 132, 133, 177, 178.
DURESS, instrument or signature obtained by, 67.

EVIDENCE, admissibility of evidence to show agreement among
indorsers, 85-87, 92.

EXCHANGE, provision for, 10.

EXHIBITION OF INSTRUMENT, when necessary, 103, 112.
when excused, 103.

payment without, 112, 113.

FICTITIOUS PERSON, when instrument payable to order of
is payable to bearer, 20, 80.

whether instrument payable to order of estate is, 21.
paper issued to one fraudulently impersonating another,
36, 37

presentment for payment not required where drawee is
fictitious person, 107.

FIGURES, where there is a discrepancy between words and

figures, 26.

(The references are to pages.)

FISCAL OFFICER, instrument payable to, 46.
FOREIGN BILL, what is, 116.

FORGED SIGNATURE confers no right, 30.

when party estopped to allege forgery, 30.
FRAUD, instrument or signature obtained by, 53.

GAMBLING DEBT, note given for, 72-74.

GENUINENESS, warranty of where negotiation by delivery, 87.
warranty of where negotiation by qualified indorsement,
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.
not entitled to notice of dishonor, 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.
duty of where bill not accepted, 162.

refusal to receive payment for honor, 172.

by having check certified discharges drawer and in-
dorsers, 179.

of checks cannot recover of bank on check until it ac-
cepts or certifies the same, 180.

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.
who is not, 63–67.

in case of instrument payable on demand, 66, 67.
where full amount has not been paid before notice, 67.

what constitutes notice of equities, 68-71.

holds instrument free from equities, 71-75.

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rights of person claiming under holder in due course,
75-77.

when burden on holder to prove that he took instrument
in due course, 77-79.

HOLDER OF OFFICE, instrument payable to order of, 19, 20.
HOLIDAY, when day for doing act falls on, 5.
instrument falling due on, 110, 111.

INCOMPLETE INSTRUMENT, filling blanks, 23-26.

not delivered, 26.

acceptance of, 156.

INDORSER, where character not clear signer is presumed to be
an indorser, 29-31.

when person deemed such, 83.
irregular indorser, 83-87.

admits capacity of prior party, 91.

parol evidence to vary liability of, 85-87, 91-93.
liability of where paper negotiable by delivery, 92.
presentment necessary in order to charge, 130, 177.
order in which indorsers liable, 92.

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.
where released by failure to present bill for acceptance,
160.

liability of where bill dishonored by non-acceptance, 162.
in what cases protest necessary in order to charge, 163.
liability of where he indorses different parts of a set,
173, 174.

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 infant, 35.

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.
kinds of, 51.

special indorsement, 51.

indorsement in blank, 51.

how special indorsement converted to blank indorsement,
51.

when restrictive, 51, 52.

restrictive indorsement prohibiting further negotiation,
51, 52.

restrictive indorsement constituting indorsee mere agent,
51, 52.

restrictive indorsement vesting title in trust, 52.

effect of indorsement "for collection," 52.

restrictive indorsement authorizes indorsee to receive
payment, 53.

restrictive indorsement authorizes indorsee to bring
action, 53.

restrictive indorsement authorizes indorsee to transfer

his rights as indorsee, 53.

effect of qualified indorsement, 53, 54.

qualified indorsement does not impair negotiable char-
acter of the instrument, 54.

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,
87-89.

warranty of title in case of qualified indorsement, 87-89.
warranty by general indorsement, 89-91.

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
interest to run, 29.

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
pay," 29.

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.
of general indorser, 89-91.

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