[Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.] SURETY-Continued. against bona fide holder, 911. may show indorser to be a, 781. surety's liability, 912, 913. admits prior signatures, 913. demand not necessary, 914, 1072, 1086. not entitled to formal protest or notice of dishonor, 760, 914, 1211. corporate incapacity of principal, 335. conditional delivery, 916. fraudulent diversion, 917. discharged by fraud, 918. duress, 918. defense of fraud, 919. cannot set it up against a bona fide holder, 919. onus of proving fraud is on the surety, 919. rescission by principal for breach of warranty, 916 n, 923 n. must be expressed under the statute of frauds, 863. contemporaneous, 445, 447. or subsequent, 446. indemnity of, as a consideration, 443. see "Consideration." usury as a defense, 921. illegality as a defense, 922. paying debt of principal which was illegal and void by statute, 490. on note for liquor illegally sold, 532. set-off as a defense, 923, 1852. statute of limitations, 924. as against principal, 1603. as against co-surety, 1609. acknowledgment of debt by surety, 1617. part payment by surety, 1629. judgment and merger, 925. relation merged in judgment, 925. established by judgment, 925. indulgence towards principal, 926-930. as to collateral, 930. diligence in prosecuting principal, 931-938. estate of deceased principal, 939. discharge of other parties, 940. of co-surety by limitation, 940. discharge by payment by principal, 941. by novation, 942. effect of taking collateral, 943. to exonerate surety, 1503, 1504. [Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.) discharge by release, 946-952. effect of releasing principal, 947. release of co-surety, 946. covenant not to sue equivalent to a release, 948. release, reserving rights against the, 949. releasing collateral security will discharge the, 951. discharge by misuse of collateral, 952. discharge by bankruptcy, 950. voluntary composition, 950. waiver of discharge, 953, 969. diligence not waived by waiver of protest, 953. when a question for the jury, 953. paying debt in ignorance of the discharge, cannot recover it back, 953. see "Waiver." extension to principal: discharges surety, 476, 954, 1817 n. without prejudice as to collateral, 954. extension to acceptor discharges surety, 954. to maker discharges indorser, 954. to partner discharges old partners, 954. to principal maker discharges an accommodation joint maker, 954. insolvency of principal, effect on discharge of, 945. discharging principal from capias ad satisfaciendum, 945. discharging principal from a lien, 945. consenting to return execution without a levy, 945. extension to one joint debtor, 955. valid agreement necessary for extension, 954, 956-959. reserving rights against surety, 970. surety indemnified, 970. extension by taking new bill or note, 960. by taking collateral, 961, 962. part payment, 963. consideration necessary to extension, 964-967. parties to the agreement for extension, 968. right may be released, 973. or barred, 924, 976. or used as set-off, 977. goes with transfer, 971. and extends to collateral, 975. action for contribution, 977, 897, 1647. should be an action for money paid, 977. such action cannot be brought until payment has been actually made. one action against all only in equity, 977 n. see "Contribution." [Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.] SURETY-Continued. exoneration, 978-981, 1435. subrogation, 982-985, 1436. action by, 1590, 1647. action against, 1590, 1662. damages against, 1728. damages recoverable by surety, 1729. undisclosed, how affected by an extension, 1818. SURRENDER, of paper pledged as collateral security, 804. is a release, 1841. on payment, 1415. if lost, cannot be required, 1416. by mistake, fraud, etc., 1417. on payment before maturity, 1418. in suit for original debt, 1582. in action to enforce collateral, 1582. statutes requiring, on payment, 1419. SURVIVOR, payment by, to bar statute of limitations, 1628. SURVIVORSHIP, see "Married Women." SUSPICION, as affecting a bona fide holder, 996. see "Bona Fide Holder." T TELEGRAPH, acceptance by, 606, 609, 1775. agreement to accept by, 612. service of notice of dishonor by, 1308. holder's damages may include expenses of, 1716. TELEPHONE, service of notice of dishonor by, 1308. TELLER, PAYING, powers of, 371. see "Agent." TENANTS, JOINT, are not partners so as to bind one another by commercial paper, 406. must be personal or at residence of drawee, 122. of bill necessary to constitute a breach of an agreement to accept, 618. pleading such tender, 944 [Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.] TENDER-Continued. a mere offer to pay is not sufficient, 944. what is not a refusal of a, 944. on holiday, 1033. of check in payment, 1398. legal tender act, 1401. of bank notes as cash, 1402. of creditor's own note, 1404, 1851. or its bank note, 1404, 1853. or certificate of deposit, 1825, 1826. note payable in merchandise a, necessary, 1407, 1408. of part payment no defense, 1409. what is a good, 1442. to a foreign administrator, on condition of indemnity being given, stops made about sunset on day of maturity, 1471. made after maturity, before suit, no defense, 1472. good tender stops accruing of further interest, 1711, 1472. available only in bar of damages and costs, 1472. made by checks, 1556. of indemnity on lost bill, 1695. of silver on bill "payable in United States gold coin," 1736 n. TIME, how reckoned by the lex mercatoria, 1029, 1036. by the common law, 1036. what days included, 1036. reckoning days of grace, 1061. time for presentment, when made, 1087 et seq. waiver of demand and notice by extension of time, 1390. on a demand note, 1607. see "Notice of Dishonor"; "Reasonable Time." TIME OF PAYMENT, must be certain, 109, 110. foreign statutes, 109. American statutes, 109. "on demand," 109. "at sight," 109. "on or before certain day," 110. "on or after" certain day, 110. "or sooner after five years," 110. option to pay before maturity, 110. "by a certain day," 110. left blank, 110, 186. may be filled by bona fide holder, 110. [Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.] TIME OF PAYMENT-Continued. "when payor and payee agree," 111. onus on holder to show the condition, 111. privilege of extension, 111. "when collected," 112. on death, 113. on marriage, 113. on coming of age, 113. in installments, 114, 119. on default in interest, 114. option to accelerate principal on default, 114. on its becoming insecure, 114. after notice, 114. on return of certificate, 115. on sale or delivery of property, 112. on construction of a railroad, 115. on completion of contract, 115. on settlement of estate, 115. on arrival of ship, 115. on result of an election, 116. on legislation, 116. ratification of peace, 116. expressions equivalent to demand, 118. "at any time called for," 118. interest "per annum" means yearly, 114. if no time expressed, note is payable on demand, 119. if postdated is payable day after date, 119. time for the payment of interest is expressed, but none for principal, 119. payment of wages in Great Britain in, is forbidden, 1407. |