LIQUIDATION, proof under, 448, 458. effect of discharge under, 254. LIQUIDATORS, 76. LLOYD'S BONDS. See p. 70, note (g). LOAN SOCIETIES, action on note given to, 77. stamp on instruments issued by, 117. LORD TENTERDEN'S ACT, 352. LOSS OF BILLS AND NOTES, 385; and see Appendix, 17 & 18 Vict. c. 125, s. 87. title of the finder, 378. title of the finder's assignee, 378. proper course for the loser, 378. cannot bring an action against the postmaster-general, 378. public notice of loss, 379. presentment and notice of dishonor, 380. whether an action lies at law on a destroyed bill, 380, 385. will not lie at common law on a lost bill, 381, 385. at least not unless not negotiable, or transferable by indorsement bill in hands of adverse party, 380. loss after action brought, 382. loss of half-notes, 383. 'trover for lost bills, 383. action for money had and received, 383. remedy in equity, 383. lost bill when a payment, 390. when payment of a lost bill protected, 223. a court of law has no jurisdiction under the 9 & 10 Will. 3, c. 17, s. 3, 384. proof in bankruptcy of a lost bill, 446. on whom the loss of a bill or note sent by post will fall, 385. whether an action will lie on the consideration of a lost or destroyed bill, pleading, 382. presumption as to stamp on, 119, 385. LUNATIC, bill or note by, 63. pleading, 64. M. MAKER, of a promissory note, who he is, 5. presentment to, for payment, not in general necessary, 219. where bill payable at a particular place, 215, 217. MARKSMAN, signature or indorsement by, 151, note (l). evidence of mark, 436. MARRIAGE, contract in restraint of, void, 138. contract of marriage brocage void, 138. transfer of bill on, 66, 176. MARRIED WOMAN, her contracts void at common law, 65. MARRIED WOMAN-continued. estoppel on, 65. not liable for fraud being parcel of a contract, 64. if she had a separate estate and made a bill or note, liable in equity, 65. where her husband is transported, 66. or alien abroad, 66. or presumed to be dead, 66. where a bill is given to a single woman and she marries, 66, 176, 460. reduction into possession of her chose in action, 68. note by a husband to his wife, 68. payment to, 69. acknowledgment by, to save the statute, 359, note (b). property act, 68, 69. amending act, 69. joinder of claims by and against husband and wife, 68. effect of, on bill or note, 100, 101. duty of bankers to make, on bills, etc., when paid, 174, 233. in an instrument of a higher nature, 238, 239. MESSAGE, MISTAKE, in charging too high interest, not usury, 317. alteration of bill to correct, when allowed, 81, 215, 327. amendment of, on trial, 439. payment under, 234, 258, 338. MONEY, property accompanies possession, 166, 168. MONEY COUNTS, where applicable, 416, 436. MONEY HAD AND RECEIVED, MONEY LENT, bill or note evidence of, 436. money deposited with a banker is, 436, note (u), 437, 464. MONTH, how calculated, 82, 208. MORAL OBLIGATION, in some cases a good consideration for a bill or note, 129. NEGLIGENCE, of transferree formerly affected his title, 165, 379, note (d). unless it amount to fraud, 166. estoppel by, 338, note (c). NEGOTIABILITY, words constituting, 81, 150, 214, 326. words limiting, 26. NEGOTIATION, what amounts to, 109. NEW AND OLD STYLE, 209. NEW SECURITY, 142, 240, 320, 391. And see Renewal. NOTICE OF DISHONOR-continued. instances when held insufficient, 278, 279. the like where sufficient, 279, 280. statement of party on whose behalf it is given, 281. verbal message, 276, 280. notice by post, 282. how it should be directed, 282. where it should be posted, 282, 283. evidence of posting, 283. consequence of miscarriage, 282. special messenger, 283. when expense of special messenger may be charged, 284. by what conveyance notice of dishonor should be sent abroad, 284. where a party, receiving notice, must transmit it, 288. whether it may be given on the day of dishonor, 288. notice through branch banks, 289. in case bill is deposited with banker or agent, 288. where Sundays or holidays intervene, 289. bank holidays, 289. on whom proof lies, 289. what is evidence, 289, 306. by whom notice may be given, 290. cannot be given by a stranger to the bill, 290. where the notice circulates back through several parties, 292. notice of dishonor of a bill, payable at a particular place, need not be given to acceptor, 294. by an agent, 291. to whom, 292. to an agent or attorney, 294. to parties jointly liable, 295. to a party not indorsing, 295. to a guarantor, 296. to an indorser giving a bond, 297. consequences of neglect to give notice, 297. what excuses notice, 297. agreement of the parties, 298. where drawer had no effects in drawee's hands, 298. countermand of payment, 298. where reasonable expectation that the bill would be paid, 298, note (n), 300. in case of death, 303. of illness, 303. of accident, 303. of bills drawn by several, on one of themselves, 303. bill or note not negotiable, 304. death, bankruptcy or insolvency of drawee, 303. where bill is on an insufficient stamp, 304. notice to produce, not necessary, 307. consequence of neglect waived by promise, payment or acknowledgment, 304. laches not imputable to the crown, 306. where the bill is taken under an extent, 306. pleading where notice is excused or waived, 306. evidence of notice, 306. of a lost bill, 380. NOTICE OF ILLEGALITY OF CONSIDERATION OR FRAUD, 125, 126, 146. NOTICE OF NON-ACCEPTANCE, 275, note (a). See Notice of Dishonor. NOTICE OF NON-PAYMENT, 275, 276. See Notice of Dishonor. NOTICE OF PROTEST, when it must be given, 264. NOTICE TO AN AGENT, 126. NOTICE TO PRODUCE; when defendant must give notice to produce bill, 436. NOTICE TO PROVE CONSIDERATION, OFFICIAL SITUATIONS, liability of persons filling, 76. And see 39 & 40 Vict. c. 45, s. 18 (2), Appendix. OLD AND NEW STYLE, 209. "OR ORDER," of the words, 1, 85, 150. subsequent insertion of these words, 85, 150, 325. OVERDUE BILL OR NOTE, transfer of, 169, 171. burthen of proof, 172. when a bill on demand is overdue, 171, 211. when a check is, 171. equitable relief, 172. And see Equities on Instruments. |