DELIVERY, ["Indorsement." not necessary to be stated in declaration, 462. DEMAND. (See "Presentment for Acceptance," and "Presentment for foreign bills intended to be payable on demand are generally made no days of grace allowed on such bills, 345.-(See " Days of Grace.") bills, &c. payable on demand need not be presented for payment on day presentment for payment of a bill, &c. payable on demand, the next note payable on demand, dated 20 years before commencement of suit, demand of acceptance, when necessary, 206. demand of payment not necessary to be made of drawer, in order to demand of payment to charge acceptor of bill, or maker of note [rest.") interest recoverable on a bill payable on demand, 536.—(See “Inte- DEMAND, PARTICULARS OF.-(See " Particulars of Demand.") DEMURRER, omission of averment of length of usance in declaration fatal, 456. what allegation of this protest is bad, 465. to the count on a bill, and judgment for plaintiff, reference to master but a nolle prosequi must be entered to other counts, 475. after interlocutory judgment signed, plaintiff must wait till following when a mis-statement in a declaration is substantially bad, advantage DEPOSIT, if a navy bill is left as a deposit and security till another is accepted, DESTRUCTION.-(See "Loss.") DEVASTAVIT.-(See "Executor.") DILIGENCE. (See " Search," " Inquiry.") what sufficient inquiry after residence of drawer or indorser, 275, 6. to drawee of a bill, 117. to drawee of a bill, better left out in a declaration, 457. mistake in direction of a letter, giving notice, no excuse for delay, of an acceptance by acceptor at a premium is not usury, 100. of a bill by a broker for exorbitant brokerage, does not affect its va taking of, in advance on a loan of money, is usury, 107. this rule does not extend to the case of a bill, &c. 107. unless that bill be at a very long date, or for a large sum, 108. may be taken by a banker, besides a reasonable sum for commission, 108. [109. may be taken by a merchant, besides a reasonable sum for commission, if such draft is not payable on demand, a proportionate reduction must otherwise if the wish of the holder is to receive the money by such a an agreement with a broker to give him ten per cent. to get a bill dis- otherwise if bill be good, but is dishonored, 440. of a bill by a banker after notice that it had been lost, such banker is of a bill by a banker for drawer, afterwards dishonored, and then DISHONOR.-(Sec" Laches, "Notice.") DISSOLUTION OF PARTNERSHIP.-(See "Notice of," " Partner," DIVIDEND. (See " Bankruptcy.") taking one under a commission against acceptor does not discharge receipt of dividend under a commission against a joint maker within aliter when debt is not proved on the pote, 480. mode of recovering same, 603. DONATIO MORTIS CAUSA.-(See "Gift.") a bond is, 2. a bank note is, 2, 425. an absolute gift to take effect immediately is not a, 94. DRAFT. (See "Check.") DRAWEE. (See "Acceptor," "Acceptance," of a bill of exchange, who is such, 1. 27. where there are two, both must accept, or bill must be protested, 52. where a bill is altered by drawee, it is invalidated, 134-(See " Bill when cannot dispute the validity of an indorsement, if he afterwards. refusing to accept makes drawer and indorser immediately liable, 183. if he refuse, holder may immediately protest, 203.-(Sec " Protest.") [214. [215, must have capacity to contract, or holder may treat bill as dishonored, ought not to give acceptance if he knows of drawer's failure, 220. what amounts to an acceptance by, 227. 230. 1. what will not amount to an acceptance by, 232, 3, 4. but when acceptance is doubtful, drawee may rebut the presumption may make an acceptance payable on a contingency, 234, 5. release by drawer before acceptance, does not discharge subsequent ac- death, bankruptcy, or known insolvency of, does not excuse the omis of a bill may make an acceptance supra protest on same bill, 311.— when acceptor supra protest may claim indemnity from drawee, 314. when presentment for payment should be made to his agent, 318. when drawee not discharged by payment of a bill before due, 359. DRAWER of a bill of exchange, who is, 1, 26. release by to acceptor does not affect payee's right of action, 6, 248. in an action against, infancy of indorser no defence, 2. 6. in an action against, want of consideration between him and third DRAWER (continued). except such third person gave no value for it, which must be proved, of a bill or check given on a verbal condition, which is broken, may his name must be inserted in some part of a bill, 115. must be written by himself, or his authorized agent, 116. when a partner, and bill drawn in name of firm, how to sign it, 116. of a bill, cannot alter the place of payment without acceptor's consent, liability of, complete after delivery of the bill to payee or indorsee, 136. but the rule is otherwise if such prohibition arose from law of this liable if he drew the bill on his own account, or as an agent, 138.- liable immediately if any acts which he by drawing the bill has war- liable to indemnify acceptor if he accepted for his accommodation, 138. what laches of the holder will discharge, 222. when an annuity granted in consideration of a bill accepted but which liability though no words of transfer are inserted in a bill, 141. liable, though indorsed by a married woman, if he afterwards promise liable on an indorsement made by payee, who died before bill bore if when bill refused payment by acceptor, takes it up, he may indorse of a note may under certain circumstances issue it after payment, 168. this rule will extend to notes, 196. liable to immediate action if drawee refuse to accept, 206. [221. of a bill dying does not revoke his request of drawee to accept, &c. release by drawer to acceptor, how far it operates, 248. may impliedly waive his defence of laches of holder, 308. [309. DRAWER (continued). liable to indemnify acceptor supra protest, 310, 11. 314. when a particular place named in body of bill, presentment for pay- on dishonor of a bill, no demand for payment need be made in order of a bill or check payable on a condition, may refuse payment if on [bill, 368. discharged if holder of a bill take a check from acceptor, and give up of a foreign accepted bill protested for non-payment, not obliged to if an acceptor pay a bill supra protest, he has a remedy against drawer who has taken up bill, may arrest and sue bankrupt acceptor, if may maintain action against acceptor on a bill already accepted on re- but not on refusal to accept, 440. action in such a case must be on the original consideration, and some- when he may sue acceptor who has been charged in execution by the in action against, on a bill accepted, payable by certain persons at a of a bill having taken it up, confined to his action against the ac- hand-writing of drawer to an indorsement must be proved in an action a receipt on back of bill only evidence of payment by acceptor, though cannot be called to prove that he did not draw without a release, 528. but in all cases except accommodation bill, he is admissible either for sum recoverable against, 534 to 544.—(See “ Damages.”) DURESS, proof that bill was obtained by, puts plaintiff to show how he ob- but notice so to do must be served on plaintiff before the trial, 511. EASE AND FAVOR.-(See "Sheriff.") bill made in consideration of to a sheriff, void, 102. ECCLESIASTICS, in France, may not be parties to a bill, 19. in England may, 19. and if he might not, he would be liable as a party to a bill, 19, n. 2: EFFECTS, want of, in drawee's hands excuses omission of protest, 279. want of, in drawee's hands, excuses omission of notice of dishonor to |