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LIABILITY

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(The references are to pages.)

Continued.

of indorser where paper negotiable by delivery, 92.
order in which indorsers liable, 92.

of agent or broker, 93.

LIEN, person having is holder for value, 41–43.

LIGHTNING RODS, notes given for, 74.

LUNATIC, acceptor cannot show drawer a lunatic, 83.

MAIL, miscarriage in, does not invalidate notice of dishonor,

125-126

MAKER, note payable after death of, 14.

instrument payable to order of, 19, 175.

liability of, 80.

admission of, 80.

demand of payment not necessary to charge, 94, 95.

liability to holder where part payment made by indorser,
137.

MARRIED WOMAN, acceptor admits capacity of to draw bill,

82.

liability of on commercial paper, 58, 70.

MATURITY, option to pay before, 13, 14.

time of, 84.

NEGOTIABLE INSTRUMENTS, law is confined to, 2.
"instrument means negotiable instrument, 4.

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must contain unconditional promise, 8.

must be for payment of sum certain, 8.
must be for payment of money only, 8.

must be in writing, 8.

must be signed by maker or drawer, 8.

must be payable on demand or at determinable future

time, 8.

must be payable to order or bearer, 8.

statement of transaction does not affect negotiable char-

acter, 10.

indication of particular fund does not render non-
negotiable, 10.

order to pay out of particular fund not negotiable, 11.
instrument payable on contingency not negotiable, 13.
provision for sale of collateral, 15.

(The references are to pages.)

NEGOTIABLE INSTRUMENTS - Continued.

provision for confession of judgment, 15.
waiver of benefits of law, 15.

option to require something in lieu of payment in money,
15, 16.

instrument payable when certain person shall become of
age, 14.

omissions not affecting, 16-18.

not dated, 16.

not specifying value given, 16.

not specifying place where drawn, 16.

not specifying place where payable, 16.

bearing seal, 16.

provisions as to collaterals, 15.

designation of particular kind of current money, 16-18.
instrument continues negotiable until discharged or re-
strictively indorsed, 59.

NEGOTIABLE INSTRUMENTS LAW, short title, 2.
when to take effect, 5, 18.

to what instruments it applies, 2.
NEGOTIATION of post-dated instruments, 22, 23.
rules governing, 48-61..

what constitutes negotiation, 48, 49.
of instrument payable to bearer, 48.

of instrument payable to order, 48, 49.

party secondarily liable paying instrument may again
negotiate it, 142–144.

when drawer and indorsers released by delay in nego-
tiating bill, 160.

bill must be negotiated within reasonable time, 96, 98-
100, 160.

of bills in sets, 173.

NEW YORK STATE BILLS, note payable in, 18.

NOTARY PUBLIC, may make protest, 166.

not disqualified because officer of bank, 166.
presentment must be by notary in person, 166.
certificate of as evidence, 164, 165.

NOTE, meaning of term, 4.

(The references are to pages.)

NOTICE OF DISHONOR, where instrument issued or nego-

tiated when overdue, 19.

to whom must be given, 115.

rules governing, 115–135.

must be given to indorser, 115.

must be given to drawer, 115.

need not be given to guarantor, 115.

by whom may be given, 115, 116.

notice by stranger not sufficient, 116.

party discharged cannot give, 116.

drawee who refuses acceptance cannot give, 116.
notice by agent, 116, 117.

bank as agent may give, 117.

to whose benefit notice enures, 117.

holder required to give notice only to his immediate
indorser, 117.

when misdcscription does not vitiate, 118.

when notice sufficient, 118.

notice need not be signed, 118.

omission of date and time of payment, 118.

printed notice, 119.

signature of notary, 119.

form of notice, 118-121.

when notice defective, 118, 119.

may be delivered personally, 118.

may be sent by mail, 118, 120, 121.

when sufficiency of notice question of law, 120.

may be given to agent, 121.

who deemed agent to receive, 121.

where party dead, 121.

to partners, 122.

to joint parties not partners, 122.

to bankrupt, 123.

to assignor for creditors, 123.

may be given as soon as instrument dishonored, 123.

where parties reside in same place, 123.

where parties reside in different places, 124, 125.

when notice deemed deposited in post-office, 125, 126.
miscarriage in mails does not impair validity of notice,

125.

(The references are to pages.)

NOTICE OF DISHONOR - Continued.

time in which indorser to give notice to prior parties,

126.

where notice to be sent, 127-129.

when party adds address to signature, 127, 128.

where party has not given address, 127, 128.

where he lives in one place and has office in another, 127.

where he is sojourning in another place, 127.

when notice actually received this is sufficient, 127, 129.
waiver of, 129.

waiver of before dishonor, 129, 130.

waiver of after dishonor, 129, 130.

what will constitute waiver, 129, 130.

waiver embodied in instrument, 130, 131.

waiver written over signature, 130.

waiver of protest, what it includes, 131.

when notice dispensed with, 131–133.

when cannot be given after reasonable diligence, 131, 132.

what will constitute reasonable diligence, 132, 133.

when delay excused, 133.

reliance upon directory, 132.

when notice need not be given to drawer, 133.

when notice need not be given to indorser, 134.

when instrument has been previously dishonored by non-
acceptance, 135.

effect of omission to give notice of dishonor by non-
acceptance, 135.

NOTICE OF EQUITIES, what constitutes, 68-71.

See "PROMISSORY NOTE.”

NOTICE, where transferee receives notice before payment in full
for instrument, 67.

NOTING, 263.

OMISSIONS, what omissions do not affect validity or negotiable
character of instrument, 16, 17.

OPTION, to pay before maturity, 13, 14.

of holder to require something in lieu of payment in
money, 15, 16.

(The references are to pages.)

ORDER, instrument must be payable to, or bearer, 8, 19, 20.
instruments payable to, 8, 19, 20.

instrument payable to order of drawer, 19.
instrument payable to order of maker, 19.

instrument payable to order of drawee, 19.

instrument payable to order of two or more payees, 19.
instrument payable to order of one of several payees, 19.
instrument payable to order of holder of office, 19.
payee must be named or indicated, 20.

OVERDUE INSTRUMENT is as regards parties issuing or
negotiating payable on demand, 18.

PARTNERS, presentment to, 105.

PATENT RIGHTS, negotiable instruments given for, 18, 182,
183.

PAYEES, two or more, 19.

one of several, 19.

when name not the name of any person, 19.
acceptance admits existence of, 82.

when payee holder in due course, 24, 64.
acceptance admits capacity to indorse, 82.
acceptance does not admit signature of, 82.

PAYMENT, instrument must be for payment in money, 8.
instrument payable in merchandise, 8.

option to require something in lieu of payment in money,
15.

what constitutes payment in due course, 112, 113.

by principal debtor, 136.

by party accommodated, 136.

by party secondarily liable, 138.

what bills must be protested for non-payment, 163.

bill protested for non-acceptance may be protested for

non-payment, 167.

of bills in a set, 174.

PAYMENT FOR HONOR, who may make, 171.

how made, 171.

preference of parties offering to pay for honor, 172.

effect on subsequent parties, 172.

where holder refuses to receive payment, 172.

effect of, 172.

declaration before payment, 172.

rights of payer for honor, 172.

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