CERTAINTY OF TIME,

condition or contingency, 32, 33.
payment out of particular fund, 32.
additional language, 33, 34.
definiteness of time, 36.

payment on or before' a certain time, 36
no time stated, 37.

'when convenient,' 37.

reasonable time, 37.

'at such times as the holder may require, 38.
time in alternative, 38.
CERTIFICATE OF DEPOSIT,

negotiable by custom, 10, n.
CERTIFICATION OF CHEQUE,
negotiable, 10, n.

how signified, 67.

a voluntary act, 67.

unlike acceptance of bill, 67.

who may certify, 68.

nature of the contract, 68.

incidents of the contract, 69.
mistake, 69.

discharges drawer and others, when, 69.

CHANCERY,

as to jurisdiction over law merchant, 3.

CHEQUE,

defined, 11.

certification of, 67-69. (See CERTIFICATION OF CHEQUE.)
liability of drawer of, 75–79.

not properly a bill of exchange, 75. (See DRAWER's Contract.)
CIPHER,

signature in, 38.

COLLATERAL SECURITY,

reference to, in note, 34.

paper taken as, 242-250.

COMMON LAW,

its relation to law merchant, 1-10.

how judges of, have considered law merchant, 4-6.

does not govern law merchant, 7.

COMPETENCY,

of indorser to impeach paper, for another, 101, 102.
warranty of, 98, 102.

of parties in general, 226-229.

of corporations, 228, 229.

COMPOSITION AND RELEASE,

effect on surety, 260-263.

reservation of rights, 261-263.

CONDITION,

fatal to bill, note, or cheque, 32, 33.

CONDITIONAL ACCEPTANCE, 56.
CONDITIONAL DELIVERY,

may be shown between the parties, 15, 16.
wrong views of, 16.

CONDITIONAL PAYMENT,

paper taken in, 242–250.

CONFLICT OF LAWS,

general doctrine of, 278, 279.

as to liability of maker or acceptor, 279–282.

in regard to amount recoverable against maker or acceptor, 281.
as to liability of drawer or indorser, 282–284.

in regard to presentment and demand, 282.

protest and notice, 282, 283.

amount recoverable, 283.

procedure and remedy, 284.

CONSENT,

to alteration, 214–217.

CONSIDERATION,

imposed upon the custom of merchants, 3, 8.

by a fiction, 3, 8.

fiction dropped, 8.

distinction between common law and law merchant, 8, 9.

valuable, 241-248.

CONSTRUCTIVE NOTICE,

of equities, 234–239.

CONTINGENCY,

payment on, 32, 33.

happening of event, 32.

CONTRACT,

consideration, 241–248.

fraud in esse contractus, 205, 206.

alteration, 207-221. (See ALTERATION.)

competency of parties, 226-229. (See ABSOLUTE DEFENCES.)

CORPORATIONS,

capacity of, 228, 229.

COUPONS,

of corporations negotiable, 10, n.

'CURRENCY,'

paper payable in, 27.
'CURRENT EXCHANGE,

paper payable with, 30.

'CURRENT FUNDS,'

paper payable in, 27, n.
CUSTOM OF MERCHANTS,

how this became law, 3, 4.

adopts fiction, as of common law, 3.

law merchant a body of custom, 4.

CUSTOM OF MERCHANTS,-continued.

needing a sheriff, 4.

the custom sometimes overlooked, 5.

sometimes overturned, 5, 6.

CUTTING IN TWO,

negotiable instrument, 221.

D.

DAMAGES,

in case of equities, 257, 358.

conflict of laws as to, 281, 283, 284.

DAYS OF GRACE,

what these are, 9.

origin of, 9.

abolished by the Statute, 9.

DEATH,

as excuse of presentment, 175, 176, 178.

as excuse of notice, 178.

DEFINITIONS,

'negotiability,' 9.

'promissory note,' 11.

'cheque,' 11.

'bill of exchange,' 11.

'foreign bill,' 11.

'inland bill,' 11.

'maker,' 12.

'drawer,' 12.

'payee,' 12, 26.

'drawee,' 12.

'indorsee,' 12.

'bearer,' 25, 26.

'money,' 27.

'morning' and 'night,' 121-123.

'holder in due course,' 232.

'alteration,' 181.

'bona fide holder for value,' 232.

DELIVERY,

necessary, 13, 15.

what constitutes, 13.

estoppel to deny, 13.

modes of, 13-15.

by intention, 13, 14.
includes mistake, 13, 14.
by agency, 14.

custodians as agents, 14.
theft distinguished, 14, n.
by negligence, 14, 15.
conditional, 15, 16.

DELIVERY,- continued.

erroneous views of, 16.

estoppel as to, 202–206.

DEMAND. (See PRESENTMENT AND DEMAND.)

DEMAND PAPER,

when due and when overdue, 18.

DESCRIPTIO PERSONÆ,

agents and the like, 43-46.

DILIGENCE,

in fixing indorser's liability, 164, 16
DISCHARGE. (See PAYMENT.)

DISCHARGE OF SURETY,

dealings with principal debtor, 259.

indorser as surety, 259.

the Statute, 259, 260.

surrender of securities, 260.

agreement for time, 260-263.

compositions, 260-263.

reserving rights, 261-263.

release' a term of double meaning, 263.

agreement to forbear necessary, 263.

taking further security, 263–265.

agreement must be valid, 265.

made with bankrupt, 265.

request to sue, 266, 267.

accommodation contracts distinguished, 267, 268.
doctrine of surety ship not fully applied to such, 239, 240.
agreement with stranger, 268.

ground of doctrine as to dealings with principal debtor, 268.
DRAFT,

a term of convenience, 11.

DRAWER'S CONTRACT,

distinguished from maker's, 70.

nature of, 70.

incidents, 71.

right to draw, 71-75.

drawing without funds, 71-73.

reasonable ground for drawing, 71–74.

drawing on one's self, 75.

corporation or partnership drawing on itself, 75.

drawer of cheque, 75-79.

cheque not properly a bill of exchange, 75.

differences between the two as to drawer, 75, 76.

drawer of cheque not receiving notice of dishonor, 76, 77.

loss sustained by failing to give notice, 76-78.

diligence of holder, 78.

keeping cheque in circulation, 78, 79.

presentment for acceptance of bills payable after date, 79-82.

conflict of laws as to drawer's contract, 282-284.