Page images
PDF
EPUB

[The references are to the sections.]

NON-EXISTING PERSON, as payee, 9.

NOTARY PUBLIC, may make protest, 154.

NOTE, meaning of, 191.

NOTICE OF DISHONOR, to whom must be given, 89.

by whom may be given, 90.

given by agent, 91, 94.

enures to whose benefit, 92, 93.

need not be signed; written may be supplemented by oral, 95.

when misdescription does not vitiate, 95.

may be written or oral; terms of; may be delivered personally or by

mail, 96.

may be given to party or agent, 97

when party deed, 98.

to partners, 99.

to joint parties not partners, 100.

where party bankrupt or an insolvent, 101.
when may be given, 102.

where parties reside in same place, 103.
where parties reside in different places, 104.
miscarriage in mail does not invalidate, 105.
when deemed deposited in post-office, 106.

time for giving to prior parties after receiving, 107.

here must be sent; receipt of, within time, although missent, 108.

waiver of, 109, 110.

waiver of protest includes what, III.

when dispensed with, 112, 114, 115.

delay excused when, 113.

when need not be given to drawer, 114.

when need not be given to indorser, 115.

of non-payment after notice of non-acceptance, 116.

subsequent holder in due course not prejudiced by omission of notice of
non-acceptance, 117.

NOTICE OF EQUITIES, what constitutes, 56.

before full payment of agreed amount, 54.

NOTING FOR PROTEST, 155.

OMISSIONS, not affecting validity and negotiability, 6.
construction in case of, 17.

(See BLANKS.)

OPTION, to pay "on or before,” 4-

to require something in lieu of money, 5.

ORDER, instruments payable to, 8.

OVERDUE INSTRUMENT, when payable on demand, 7.

PARTNERS, presentment to, 77, 145.

notice of dishonor to, 99.

PAYEE, who may be, 8.

fictitious or non-existing person, 9.

not name of any person, 9.

PAYEE (continued).

[The references are to the sections.]

maker admits existence and capacity of payee to indorse, 60.

so do drawer, 61.

and acceptor, 62.

PAYMENT, in due course, 88.

discharge by, 119, 120.

of bill in set, 182, 183.

PAYMENT FOR HONOR, who may make and for whose honor, 171.

how made, 172, 173.

preference among persons offering, 174.

rights of payer for honor, 175, 177.

discharge of parties by, 175.

effect of holder refusing to receive, 176. '

PERSON, meaning of, 191.

fictitious or non-existing, 9, 130.

PERSON PRIMARILY LIABLE, meaning of, 192.

chargeable without presentment for payment, 70.
PERSON SECONDARILY LIABLE, meaning of, 192.
right of recourse against, 84, 150, 151.

PLACE, failure to specify does not affect negotiability, 6.

of indorsement, presumption, 46.

for presentment for payment, 72, 73.

for presentment for acceptance, 143, 147.

alteration as to, is material, 125.

instrument payable at special, 70.

POST-DATED INSTRUMENT, not invalid because post-dated, 12.

when title passes, 12.

POST-OFFICE, what constitutes deposit in, 106.

PRE-EXISTING DEBT, constitutes value, 25.

PRESENTATION, instrument payable on, is payable on demand, 7.
PRESENTMENT FOR ACCEPTANCE, when necessary, 143.

effect of failure to make or negotiate, 144.

how made, 145.

on what days may be made, 146.

when delay excused, 147.

when failure excused, 148.

PRESENTMENT FOR PAYMENT, when necessary, 70.

of instrument payable on demand, 71.

how must be made, 72.

proper place for, 73.

instrument must be exhibited and delivered up, 74.

of instrument payable at bank, 75.

where principal debtor dead, 76.

to partners, 77.

to joint parties not partners, 78.
when drawer charged without, 79.
when indorser charged without, 80.
delay excused when, 81.
dispensed with when, 82.

[The references are to the sections.]

PRESENTMENT FOR PAYMENT (continued).

of instrument due on Saturday, Sunday, or holiday, 85.
time for, how determined, 86.

to acceptor for honor, 168.

when check must be presented; effect of delay, 186.
PRINCIPAL, not liable unless signature on instrument, 18.
may sign by agent, 19.

PRINTED PROVISIONS, give way to written, if conflict, 17.
PROCURATION, signature by, 21.

PROMISSORY NOTE, definition, 184.

"note" means, 191.

when holder may treat as bill or note, 17, 130.

to maker's order, not complete without indorsement, 184.
PROTEST, waiver of, includes what, 111.

when may be made, 118.

when must be made, 118, 152.

how made, 153.

by whom made, 154.

when to be made, 155.

where, 156.

for non-acceptance and non-payment, 157.

for better security, 158.

when dispensed with, 159.

of lost, destroyed, or wrongly detained bill, 160.
of bill accepted for honor, 167, 170.

REASONABLE TIME, how determined, 193.
where instrument payable on demand, 53.
bill payable on demand, 71.

REFEREE IN CASE OF NEED, definition, 131.
protest of bill having, 167.

RE-ISSUE OF INSTRUMENT, 50, 121.

RE-NEGOTIATION.

(See REISSUE.)

RENUNCIATION, how made; effect of, 122.

REPEAL OF LAWS, 197.

SATURDAY, instrument due on, 85.

SEAL, does not impair negotiability, 6.

SECURITIES, negotiation of public or corporation, 65.
SIGHT, instrument payable at, payable on demand, 7.
SIGNATURE, necessary to liability, 18.

in trade or assumed name, 18.

by agent, 19.

with qualifying or descriptive words, 20.

by "procuration," 21.

forged, 23.

acceptor admits genuineness of drawer's, 62.

SUM CERTAIN, what is, 2.

SUNDAY, when day for act falls on, 194.

instrument due on, 85.

[The references are to the sections.]

TENDER OF PAYMENT, when having funds at special place is, 70.

as discharge of party, 120.

TERMS OF INSTRUMENT, what sufficient, 10.

TIME, of maturity, 85.

of negotiation, 45.

when act takes effect, 195, 198.

TITLE, of Act, 190.

of person negotiating, when defective, 55.

of holder in due course, 57.

through holder in due course, 58.

burden of proof, 59.

notice of defect in, 54, 56.

TRANSFER, without indorsement, effect of, 49, 65.

(See INDORSER.)

UNCONDITIONAL, order or promise, what is, 3.

USAGE, in determining reasonable or unreasonable time, 193.

VALUE, meaning of, 191.

what constitutes; antecedent or pre-existing debt, 25.
who holder for, 26, 27.

accommodation party receives no, 29.

need not be specified in instrument, 6.

(See CONSIDERATION.)

WAIVER, of benefit of law does not impair negotiability, 5.

of presentment for payment, 82.

of notice of dishonor, 109, 110.

of protest, III.

WARRANTY, upon negotiation by delivery or qualified indorsement, 65.
by qualified indorsement, 66.

upon sale of public or corporation securities, 65.

"WITHOUT RECOURSE," effect of indorsement, 38.

"WRITTEN," includes printed and "writing" includes print, 191.
WRITTEN PROVISIONS, prevail over printed, if conflict, 17.

INDEX TO THE ARTICLES ON THE NEGOTIABLE
INSTRUMENTS LAW.

The pages where sections of the N. I. L. are mentioned, criticised, defended, or
discussed are as follows:

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]
« PreviousContinue »