INDORSEMENT, --continued.
place of presentment, ― continued.
payable at branch banks, 109.

drawee may name, 109.

payable generally, 109.

place of business, 110.

place of residence, 111.

removal of maker or acceptor, 111, 112.

place of date, 112.

time of presentment, 113-123.

presentment for acceptance, 113.
bills payable after date, 113.

after sight, 113-115.

paper indorsed after maturity, 115.
grace, 115-117.

how to reckon, 116, 117.

the Statute abolishes, 117.

legal obstacle, 118-120.

inevitable accident, 118, 119.

existence of war, 119.

epidemic, 119, 120.

death of maker or acceptor, 120.

time of day for, 121-123.

payable at bank or house having business hours, 121
payable generally, 121-123.

presentment, by whom, 123-126.

by one not entitled to payment, 123, 124.

death of one, 127.

several undertaking, 127, 128.

protest, 129-133.

of foreign bills, necessary, 129.

of inland bills, notes, and cheques, permitted, 129.
act of notary or 'respectable resident,' 129.

how made, 129.

distinguished from other steps, 129.

no form of words prescribed, 130.

if certain facts appear, 130.

of foreign bills the evidence of dishonor, 130, 131.

certificate should therefore be complete, 131.

statements in, not conclusive, 131.

American States foreign to each other, 131.

INDORSEMENT, - continued.

protest, continued.

of inland bills, notes, and cheques, 132, 135.

not on footing of protest of foreign bills, 132.

may be supplemented, 132.

apart from statute, no evidence of dishonor, 132, n.
time of protest, 133.

'noting,' 133.

where to be done, 133.

of lost instruments, 133.

notice of dishonor, 133-144.

presumptively necessary, 133.
knowledge is not notice, 133, 134.

form of notice, 134, 135.

may be oral, 134.

need not be signed, 134.

may be supplemented, 134.

mistakes in, 134, 135.

of non-payment, whether good, 135-141.
conflict of authority, 135.

English authorities, 135-138.
American authorities, 138-141

the Statute, 141.

informing indorser to be ready, 141, 142.
notice, by whom, 142-144.

by holder, agent, or indorser, 142, 143.
by stranger, 142.

inurement of notice, 143, 144, 150, 151.
by acceptor or maker, 144.

notice, to whom, 145, 146.

joint indorsers, 145.

death of indorser, 145, 146.
bankruptcy, 146.

notice, how given, 146-151.

reasonable despatch, 146.

use of mail, 147-149.

mailing notice enough, when, 148, 149.

agent treated as holder, 150.

use of messenger, 150.

notice to indorsers in succession, 150.

inurement of notice, 150, 151.

notice, when, 151–157.

presumptive time, 151.

reasonable diligence, 151, 152, 154, 155.

non-secular days, 152.

party notifying and party to be notified residing in different

places, 152.

in same place, 152.

several indorsements in succession, 152, 153.

1

INDORSEMENT, — continued.

notice of dishonor, - continued.
notice, when, - continued.

one day for giving notice, meaning of, 153, 154.
mode of reckoning, 154, 155.

time allowed indorser for giving notice, 155, 156.
notice sent on non-secular day, 156.

agent treated as holder, 156.

indorsement after maturity, 157.

notice, where, 157–164.

residence of parties, 157, 158.

personal notice, 158.

different addresses of indorsers, 158-160.
no post-office where indorser lives, 160.
removal of indorser, 160-163.

temporary absence of indorser, 161, 162.
making inquiry, 162, 163.

place of date, 163, 164.

diligence, 164, 165.

temporary excuse of steps, 166.

permanent excuse, 167-172.

waiver, and its meaning, 167-170.
promise to pay, 167.

of protest, 168, 169.

after maturity, 169, 170.

excuse other than waiver, 170-172.

transfer of funds, 170, 171.

indorser as primary debtor, 171, 172.

loss of instrument, 172.

excuse of presentment, 172-176.

as distinguished from demand, 172, 178.
effect of removal, 173-175.

absconding, 174.

insolvency, 175.

waiver of notice, 175.

death of maker or acceptor, 175, 176.

the Statute, 176.

excuse of protest, 176, 177.

whether it includes all steps, 176, 177.

excuse of notice, 177-180.

narrow effect of, 177, 178.

insolvency of maker or acceptor, 178.

knowledge of facts, 179.

drawer of bills and cheques, 179.
the Statute, 179, 180.

forged indorsement, 222, 223.

chain of title, 222.

nominal exceptions, 222, 223.

INEVITABLE ACCIDENT,

as excuse of presentment, 166, 172, 175.

INLAND BILL,

defined, 11.

protest of, 129, 132, 133.

INSOLVENCY,

as excuse for presentment, 175.

as excuse of notice, 178.

INSTALMENTS.

payment by, 38.

INUREMENT,

notice of dishonor by, 143, 144.

J.

JOINT CONTRACT,

doctrine of, fastened upon law merchant, 5.

K.

KNOWLEDGE OF DISHONOR,

distinguished from notice, 133, 134, 142, 240, n.

KNOWLEDGE OF EQUITIES,

distinguished from notice, 240.

LAW MERCHANT,

L.

its relation to common law, 1-10.

an importation, 1.

how admitted to English law, 2-4.

how considered by common law judges, 4-6.

not a dependent of the common law, 6.

estoppel analogous to negotiability, but not the same thing, 9, 10.

law merchant adopts common law defences, 17.

LAWS, CONFLICT OF. (See CONFLICT OF Laws.)

LOST INSTRUMENTS,

protest and other steps, 133, 172.

MAIL,

notice by, 147-149, 158-160.

MAKER'S CONTRACT,

how executed, 40.

place of signature, 40, 41.

joint and several note, 41-43.

nature of joint promise, 41, 42.
nature of several promise, 42.
promise by partners, 42.

M.

in good East India bonds,' 27.

'in carpenter's work,' 27.

' in current funds,' 27.

'in Canada money,' 28.

in current bank notes,' 27, n.

in good current money,' 27, n.

'in Arkansas money,' 27, n.

what the courts will know as equivalent to money, 28.
exceptional rule in some States, 28.

'MORNING,'

as to presentment, 121-123.

MORTGAGE,

passes with mortgage note, 196.
equities as to, 196.

N.

'NEED,'

acceptance in case of, 62.
NEGLIGENCE,

in delivery, 14, 15, 202–206.
facilitating alteration, 217-221.

(See ABSOLUTE DEFENCES.)