INDEX.

ABATEMENT,

A.

in action against one of two joint makers of a note, advantage of
omissions of the other must be taken by plea in abatement, 434.

if one of several acceptors is an infant, and he is left out of the de-
claration, plea in abatement is not sustainable, 453.

ABSCONDING.-(See " Removal.")

of the drawee,

[334.

effect thereof as to presentment for acceptance or payment, 213.
of the protest thereupon for better security, 309.

of drawer or indorser, when an excuse for delay in notice of disho-
nor, 274. 407.

ABSENCE. (See "Absconding," "Removal.")

ACCEPTANCE,

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to what bills necessary, 206. (See "Presentment for Acceptance,"
defined, 215.

By whom to be made, 215, 216.

by an executor or administrator, but he is personally liable, 241.-
See ("Executor.")

[221.

holder is entitled to insist on acceptance according to tenor, 215.
if drawee has not capacity to contract bill may be treated as dis-
honored, 215, 6.

by an agent, 215. 30 to 39.-(See “Agent.”)

question whether holder bound to acquiesce in receiving accept-
ance by an agent, 215.

by a partner, 216. 30 to 52.-(See " Partner.")

there cannot be a series of acceptors to same bill, 215.

by one person when bill directed to two not in partnership, bill
may be considered as dishonored, 216.

The time when to be made, 217 to 221.

the drawee has twenty-four hours to accept a bill, 217.

promise to accept before bill drawn how far valid, 217, 8, 9.

on a blank stamp, 219.

may be after the bill is due, 220.

may be after a prior refusal to accept, 220.

[220.

how far such acceptance would discharge drawer and indorsers,

what liability such acceptor would incur, 220.

drawee ought not to accept if he knows of drawer's failure, 220.
when it may be made after drawer's death, 221.

ACCEPTANCE-(continued).

Of the form, effect, and extent of acceptances, 221 to 258.

[221, 2.
it may be verbal or in writing, but holder may insist on the latter,
holder may insist on one according with the bill, 221, 2.

the holder may refuse an acceptance payable at a banker's, but if
he does not, and is guilty of neglect, drawer and indorsers dis-
charged, 221.

what is an acceptance is a question of law, and not of fact, 222.
may be on the bill itself, or on another paper, 222, 3.

a letter by drawee to the drawer, promising to accept a bill al-
ready drawn, is an acceptance, 223, 4.

if drawee acknowledge his hand-writing to holder, he cannot af
terwards insist it is a forgery, 224, 5.

An absolute acceptance, 225 to 234.

defined, and how made, 225 to 230, 1.

when bill payable after sight usual to add the date, 225.

but when such date is not in the same hand-writing, but the ac-
ceptance is written under, it is evidence of the time of accept-
ance, 225.

when made by other than drawee his name should appear, 226.
private mark between banker and banker when an acceptance, 226.
by a partner in name of firm, 226, 51.

by an agent for principal, 226, 36.

if a bill is payable in a large town, acceptance should point out
a particular house there, 226.

and if it does not, holder may protest, 226.

effect of an acceptance payable at a particular place, 321 to 332.
what will amount to an acceptance, 226, 7. 230, 1.

acceptance may be implied, 227.

what is sufficient to imply an acceptance, 227. 230, 1.

[230.

detaining a bill left for the express purpose of acceptance, 227, 8, 9.
the same where a bill was detained some time, and then destroyed,
229, 230.

but a check may be retained by a banker, and then returned, 250.
a verbal or written promise to accept an existing bill is an ac-
ceptance, 217, 8, 9. 230, 1.

[231.

how far a promise to accept a bill not drawn will bind, 217, 8, 9.
instances of promises held to amount to an acceptance, 230, 1.
a promise to accept on an executory consideration, how far bind-
ing, 231.

what does not amount to an acceptance, 232, 3.

when the acceptance is doubtful, drawee may rebut the presump-
tion in favor of it, 233, 4.

A conditional acceptance, 234 to 237.

defined, 234, 5.

[gency, 234, 5.
drawec may make conditional acceptance payable on a contin-
but holder is not compellable to receive it, 235.
what is, and what is not a conditional acceptance, 235, 6.
if holder receives it he should give notice, 235.

[236.

when the contingency happens, the acceptance becomes absolute,
how to declare on such an acceptance, 236.—(See 66 Declaration.")
how to make a conditional acceptance, 237.

when acceptance in writing and condition not, how far such con-
dition operates, 237.

[sible, 237.

when conditional acceptance ambiguous, parol evidence admis-
A partial or varying acceptance, 237, 8.

what it is, 237.

to pay part, 237, 8.

ACCEPTANCE-(continued).

A partial or varying acceptance-(continued).
to pay at a different time or place, 237, 8.
to pay part in money, part in bills, 237, S.
its legal obligation, 237. 8.

if holder accepts such acceptance, he should give notice, 238.
of the liability of an acceptor in general, 239 to 252.-(See "Ac-
ceptor.")

whether an acceptance can be revoked, 242 to 245.

how liability of acceptor may be released or discharged, 245 to 252.
indemnity to acceptor, and his right, 255, 6.

liability of a third person promising to pay a bill, 252 to 254.

A

when necessary to describe in pleading an acceptance, payable at a
particular place, 321 to 332.-(See " Declaration," "Presentment
for Payment.")

question whether evidence of an acceptance after bill due is admis-
sible on an allegation in the declaration that it was made before
due, 459.

not necessary to be stated in an action against drawer, 459. 483.

if it be, it must be proved, unless shewn that he indorsed after ac-
ceptance, or promised to pay after due, 483.

a conditional acceptance must be stated in pleading accordingly, or
variance fatal, though condition'performed, 460.

is not an admission of drawer's hand-writing to indorsement, though
made after such indorsement, 500, 1.

if promise laid to testator, acceptance in testator's life-time must be
proved in an action by an executor against acceptor, 509.
primâ facie evidence of effects in acceptor's hands, 523.

ACCEPTANCE SUPRA PROTEST,

of a bill of exchange, what is, 29.

obligations imposed by an, 29.

cannot be made till after refusal to accept by drawee, 205.

any persons may without drawer's consent or that of indorser's, 310, 11.
for the honour of a particular party to it, 311.

how it is in general made, 310.

for what purpose it is made, 310.

such an acceptance enures to benefit of subsequent parties, 311.
By whom it may be made, 311, 12.

the drawee of a bill may make an acceptance on it, 311, 12.
if drawee so accepts, a protest should first be made, 311.

if holder insists on an absolute acceptance, drawee should cancel
the one he had made, 311.

and a bill having on it one, may be afterwards accepted supra
protest again, 311.

no one should accept a bill under protest for honour of drawer,
without ascertaining cause of refusal of drawee, 311.

but if he accepts for honour of indorser, no inquiry necessary, 311.
holder not obliged to receive an acceptance supra protest, 312.

Mode of accepting supra protest, 312.

must be made in presence of a notary public, 312.

a general acceptance supra protest is considered as made for the
honour of the drawer, 312.

when it is made so as to bind drawer and indorser, notice of it
should be given to the indorser, 312.

holder should take care to get bill protested before such accept-
ance is made, 312..