DELIVERY,

["Indorsement."
transfer by, of a bill or note without indorsement, 169 to 180.—See
of a bill to the payee, when necessary, and effect thereof, 122 to 130.
of sets of a foreign bill, 81.

not necessary to be stated in declaration, 462.

DEMAND. (See "Presentment for Acceptance," and "Presentment for
Payment.")

foreign bills intended to be payable on demand are generally made
payable at sight, 79.
[463, but see 479.
declaration on bills, &c. payable on demand, ought to aver demand,
when bills, checks, &c. payable on demand, should be presented for
payment, 345 to 353.

no days of grace allowed on such bills, 345.-(See " Days of Grace.")
should be presented for payment in a reasonable time after receipt, 345.
what is a reasonable time a question of law and fact, 345.

bills, &c. payable on demand need not be presented for payment on day
issued, 346, 7.

presentment for payment of a bill, &c. payable on demand, the next
day is sufficient, if made in usual hours of business, 347, 8.
this rule prevails when bill given to a banker in payment, 349, 350.
the rule allowing a party to retain a check, &c. payable on demand, till
day after receipt, does not extend to a succession of holders, 353.
the Statute of Limitations runs from date of note payable on demand,
and not from demand made, 479, but see 463.

note payable on demand, dated 20 years before commencement of suit,
is presumed to have been paid, 388.

demand of acceptance, when necessary, 206.

demand of payment not necessary to be made of drawer, in order to
charge indorser of a bill, 335.

demand of payment to charge acceptor of bill, or maker of note
when necessary, 321 to 331.

[rest.")

interest recoverable on a bill payable on demand, 536.—(See “Inte-

DEMAND, PARTICULARS OF.-(See " Particulars of Demand.")
what necessary to recover on common counts, 466.

DEMURRER,

omission of averment of length of usance in declaration fatal, 456.
omission of allegation of protest in an action on a foreign bill, bad on
special demurrer, 465.

what allegation of this protest is bad, 465.

to the count on a bill, and judgment for plaintiff, reference to master
allowed, 475.

but a nolle prosequi must be entered to other counts, 475.

after interlocutory judgment signed, plaintiff must wait till following
day before he can obtain rule to refer, 475.

when a mis-statement in a declaration is substantially bad, advantage
may be taken by a general demurrer, 477.
when only formally so by a special one, 477.

DEPOSIT,

if a navy bill is left as a deposit and security till another is accepted,
the produce received may be recovered under the count for money
had and received, 470.

DESTRUCTION.-(See "Loss.")

DEVASTAVIT.-(See "Executor.")

DILIGENCE. (See " Search," " Inquiry.")

what sufficient inquiry after residence of drawer or indorser, 275, 6.
DIRECTION,

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,
273. 275, n. 1.

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
lidity, 105.

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,
a person taking a bill and giving a bill for the money when it is usury,
112.-(See "Usury.")

if such draft is not payable on demand, a proportionate reduction must
be made in the, 112.

otherwise if the wish of the holder is to receive the money by such a
draft, 113.
[sumed, 113.
compelling a party to take goods on discounting a bill, usury is pre-
what evidence is necessary to rebut this presumption, 113.—(See " Evi-
dence.")

an agreement with a broker to give him ten per cent. to get a bill dis-
counted, when not usury, 115.
[assignees, 158.
of a bill by a banker who becomes a bankrupt, vests such bill in his
of a bill which proves to be a forgery, the person discounting may
claim his money from him who transferred it, if it was done without
indorsing, 186.

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
liable to an action of trover, 192.

of a bill by a banker for drawer, afterwards dishonored, and then
drawer's account is in his favor, such bill considered as paid, 370.
right of discounter, and liability of the party transferring, 188.

DISHONOR.-(Sec" Laches, "Notice.")

DISSOLUTION OF PARTNERSHIP.-(See "Notice of," " Partner,"
"Partnership.")

DIVIDEND. (See " Bankruptcy.")

taking one under a commission against acceptor does not discharge
drawer or indorsers, 384.

receipt of dividend under a commission against a joint maker within
six years on account of a note will bar the statute of limitations, as
against the other, 480.

aliter when debt is not proved on the pote, 480.

mode of recovering same, 603.

DONATIO MORTIS CAUSA.-(See "Gift.")
bill of exchange not capable of being, 2.

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,"
Acceptance," "Presentment for Accept-
ance.")

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 directed to A. or B. an acceptance by A. or B. is suffi-
cient, 117.

where a bill is altered by drawee, it is invalidated, 134-(See " Bill
of Exchange.")

when cannot dispute the validity of an indorsement, if he afterwards.
accept, 160.

refusing to accept makes drawer and indorser immediately liable, 183.
if a foreign bill is lost, &c. whilst in hands of drawee, he must give
a promissory note for the sum, 203.

if he refuse, holder may immediately protest, 203.-(Sec " Protest.")
and when due, though he have neither bill or note, if payment is re-
fused, he may protest, 203.

[214.
having left the kingdom, and no agent, no presentment need be made.
when dead, presentment should be made to personal representative, 214.
when requires time to accept, and holder grants it, he should give
notice, 214.

[215,

must have capacity to contract, or holder may treat bill as dishonored,
has 24 hours to accept a bill in, 212. 217.

ought not to give acceptance if he knows of drawer's failure, 220.
keeping a bill a long time when an acceptance, 227.—1 Bar. & Al,
653.

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
in favor of it, 234.

may make an acceptance payable on a contingency, 234, 5.

release by drawer before acceptance, does not discharge subsequent ac-
ceptance, 248.

death, bankruptcy, or known insolvency of, does not excuse the omis
sion of notice of the dishonor of a bill, 271. 2.—(See “ Notice of
No nacceptance.")

of a bill may make an acceptance supra protest on same bill, 311.—
(See" Acceptance supra protest.")

when acceptor supra protest may claim indemnity from drawee, 314.
(See "Acceptance supra protest,")

when presentment for payment should be made to his agent, 318.
not bound by a promise to pay a bill if holder would forego the dus
plicate protest, and he refused, 356.

when drawee not discharged by payment of a bill before due, 359.
paying a bill by a check, holder ought not to give up bill, 368.

DRAWER

of a bill of exchange, who is, 1, 26.

release by to acceptor does not affect payee's right of action, 6, 248.
set off due from, to acceptor, does not, 6.

in an action against, infancy of indorser no defence, 2. 6.

in an action against, want of consideration between him and third
person, no bar, 99.

DRAWER (continued).

except such third person gave no value for it, which must be proved,
90, in notes.

of a bill or check given on a verbal condition, which is broken, may
refuse to pay same, 91.

his name must be inserted in some part of a bill, 115.

must be written by himself, or his authorized agent, 116.
when an agent, the proper manner of signing a bill, 116.

when a partner, and bill drawn in name of firm, how to sign it, 116.
liable to any amount to which his name is affixed, even though the
instrument was drawn in blank, and afterwards filled up without his
knowledge, 32. 117. 138. 160.

of a bill, cannot alter the place of payment without acceptor's consent,
133.-(Sce" Bill of Exchange.")

liability of, complete after delivery of the bill to payee or indorsee, 136.
liable even where the acceptor, by laws of foreign country in which
he resides, is prohibited from paying, 137.

but the rule is otherwise if such prohibition arose from law of this
country, 137.

liable if he drew the bill on his own account, or as an agent, 138.-
(See "Agent.")

liable immediately if any acts which he by drawing the bill has war-
ranted, are not fulfilled, 138.

liable to indemnify acceptor if he accepted for his accommodation, 138.
but such liability of, may be discharged by laches of the holder, 138.
(See "Laches.")

what laches of the holder will discharge, 222.

when an annuity granted in consideration of a bill accepted but which
was dishonored, and then paid by drawer, annuity not vacated, 139.
when a bill is drawn abroad by a person here, he is discharged here if
he is so abroad, 138.

liability though no words of transfer are inserted in a bill, 141.

liable, though indorsed by a married woman, if he afterwards promise
to pay, 149.

liable on an indorsement made by payee, who died before bill bore
date, 161.

if when bill refused payment by acceptor, takes it up, he may indorse
it again, 168.

of a note may under certain circumstances issue it after payment, 168.
of an inland bill, sometimes compellable to give another, if the first
be lost, 196.

this rule will extend to notes, 196.

liable to immediate action if drawee refuse to accept, 206.
bankruptcy of drawer of a bill, how far restrains the payment or ac-
ceptance of it, 220, 1.

[221.

of a bill dying does not revoke his request of drawee to accept, &c.
of a bill liable if acceptor does not pay, 239.—(See “Acceptor.”)
release by to drawee before acceptance does not discharge a subsequent
acceptance, 248.

release by drawer to acceptor, how far it operates, 248.
what excuses omission of notice of dishonor to, 258.
where one of several is also acceptor, notice of dishonor is dispensed
with, 274.297.
[trary, 274.
may rebut presumption that he is not damnified by proof to the con-
bankruptcy of, no excuse for want of notice of dishonor, 277.
may plead a tender if made on same day that he received notice of
its dishonor, and before writ issued, 299.

may impliedly waive his defence of laches of holder, 308.
if a bankrupt, holder cannot compel acceptor to give better security,
any person may make an acceptance supra protest without consent, 310.

[309.

DRAWER (continued).

liable to indemnify acceptor supra protest, 310, 11. 314.

when a particular place named in body of bill, presentment for pay-
ment must be made there in order to charge drawer, 321.

on dishonor of a bill, no demand for payment need be made in order
to charge indorser, 335.

of a bill or check payable on a condition, may refuse payment if on
presentment he discover condition has not been performed, 356.
name on a check cancelled by mistake of banker, banker may yet refuse
to pay same, 356.

[bill, 368.

discharged if holder of a bill take a check from acceptor, and give up
of the effect of giving time for payment to, 371 to 379.

of a foreign accepted bill protested for non-payment, not obliged to
pay without having bill given to him, 397.

if an acceptor pay a bill supra protest, he has a remedy against
drawer, 408.

drawer who has taken up bill, may arrest and sue bankrupt acceptor, if
he has not got his certificate, though previous holder proved same
under commission, 439.

may maintain action against acceptor on a bill already accepted on re-
fusal to pay, 440.

but not on refusal to accept, 440.

action in such a case must be on the original consideration, and some-
times on the special contract to accept, 440.

when he may sue acceptor who has been charged in execution by the
indorser of the bill, and discharged under lord's act, 441.

in action against, on a bill accepted, payable by certain persons at a
certain place, what averment sufficient, 464.

of a bill having taken it up, confined to his action against the ac-
ceptor, 469.

hand-writing of drawer to an indorsement must be proved in an action
against acceptor, 500.-(See "Hand-writing.")

a receipt on back of bill only evidence of payment by acceptor, though
produced by drawer, 511.-(See "Evidence.")

cannot be called to prove that he did not draw without a release, 528.
(See "Release," "Witness.")

but in all cases except accommodation bill, he is admissible either for
plaintiff or defendant in an action against acceptor, 531.-(See
"Witness.")

sum recoverable against, 534 to 544.—(See “ Damages.”)

DURESS,

proof that bill was obtained by, puts plaintiff to show how he ob-
tained bill, 89, n. 2.

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:
(N. B. The negative has, by mistake, been omitted in printing.)

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
drawer, 258.