LIMITATIONS, STATUTE OF-continued. as to the former exception of merchants' accounts, 352. on a bill payable after date, 355. on bill to be delivered on a contingency, 355. against an administrator, 355. on a bill after sight, 356. on a bank note, 356, note (d). on a bill at sight or on demand, 356. in case of fraud, 357. in case of accommodation bill, 357. where there has been both non-acceptance and non-payment, 357. how issuing a writ may obviate statute, 358. the saving clause, 359. infants, married women, lunatics, prisoners, and parties abroad supervening disabilities, 360. acknowledgments and payments, 360-370. of what sort, 361. when to be made, 365. by whom, 365. before action brought, 365. Lord Tenterden's Act, 360, 362. evidence of date of acknowledgment, 362. mutual running account, 362. devise, 363. acknowledginent by executors, 363. appropriation of payments, 299, 364. payment by goods, 364. no stamp on acknowledgment, 364. statement of account, 364. payment of interest, 365. payment of money into court, 365. by joint contractors, 366. in bankruptcy and insolvency, 368. evidence of, 369. signature of party chargeable, 369. effect of verbal admission, 369. statute retrospective, 369. entries on the bill, 369. plea and replication of the statute, 370. presumption of payment, 371. lapse of time, independent of statute, when a bar, 302, 371. LIQUIDATION, effect of discharge under, 325. LIQUIDATORS, 83. LLOYD'S BONDS. See p. 77, note (h). LOAN SOCIETIES, action on note given to, 84. no stamp on instruments issued by, 126. LORD TENTERDEN'S ACT, 360. LOSS OF BILLS AND NOTES, 389. title of the finder's assignee, 389. proper course for the loser, 389. cannot bring an action against the Postmaster-General, 389. public notice of loss, 390. presentment and notice of dishonour, 391. whether an action lies at common law on a destroyed bill, 392. at least not unless not negotiable, 393. bill in hands of adverse party, 391. loss after action brought, 393. loss of half-notes, 394. trover for lost bills, 394. action for money had and received, 394. lost bill when a payment, 394. when payment of a lost bill protected, 293. a court of law had no jurisdiction under the 9 & 10 Will. 3, c. 17, application for duplicate, 394. indemnity to be given by the loser, 395. proof in bankruptcy of a lost bill, 462. on whom the loss of a bill or note sent by post will fall, 395. whether an action will lie on the consideration of a lost or de- pleading, 393. presentment to, for payment, not in general necessary, to charge, 13, 14, 98, 288, 289. unless made in body of it, payable at a particular place, 13, MARKSMAN, signature or indorsement by, 86, 97, 170. evidence of mark, 434. MARRIED WOMAN, her contracts void at common law, 71. not liable for fraud being parcel of a contract, 71. if she had a separate estate and made a bill or note, liable in after her husband's death, a promise to pay valid at law, 72. where her husband is transported, 72. or alien abroad, 72. or presumed to be dead, 72. where a bill was given to a single woman and she married, 72, 198. bill or note given after marriage, 74. reduction into possession of her chose in action, 74. where a single woman, liable on a bill, marries, 74. note by husband to his wife, 74. payment to, 75, 76. acknowledgment by, to save the statute, 365, 367, note (j). husband, when liable for wife's debt, 74, 75. Property Act, 1882, 75, 76. joinder of claims by and against husband and wife, 74. MEMORANDUM, See also Deed. effect of, on bill or note, 110, 111, 114, 369. duty of bankers to make, on bills, &c., when paid, 195, 304. MORAL OBLIGATION, . in some cases a good consideration for a bill or note, 147. proof of, 434. suing in another's name, 2, 178, 403. no one liable on a bill unless his name be there, 36, 44. NEGLIGENCE, of transferee formerly affected his title, 186, 390, note (d). unless it amount to fraud, 187. estoppel by, 255, 346, note (k). NEGOTIABILITY, words constituting, 93, 167, 169, 336. not now necessary, 93, 167. words limiting, 30, 93, 167. NEGOTIATION, what amounts to, 2, 169. NEW AND OLD STYLE, 277. NEW SECURITY, 113, 165, 313, 377. And see Renewal NON-ACCEPTANCE, notice of, 219, note (a). See Notice of Dishmour. NON-APPARENT ALTERATION, effect of, 140, 338. NON-COMPOTES, 69. NON-PAYMENT, notice of, 219, note (a), 291. See Notice of Dishonour. "NOT NEGOTIABLE" BILLS AND NOTES, 93, 167. "NOT NEGOTIABLE" CHEQUES, 30, 167. NOTARY PUBLIC, how appointed, 212. his office, 212. what he may charge, 214, 215. And see Appendix 1. in case one cannot be found, 213. And see Code, s. 94, and NOTE, PROMISSORY. See Promissory Note. NOTICE, how pleaded generally, 419. proof in bankruptcy of note payable after, 462. of dissolution of partnership, 57-59. NOTICE OF ACCEPTANCE, instead of delivery, 169, note (i), 262. NOTICE OF DISHONOUR, mode of giving it, 219, 223. what form of, requisite, 219, 222. instances when held insufficient, 221, note (h). the like where sufficient, 222 note (h). statement of party on whose behalf it is given, 223. notice of protest need not accompany it, 215, 223. notice by post, 223. how it should be directed, 224, 226. where it should be posted, 224. evidence of posting, 224. consequence of miscarriage, 223. special messenger, 225. when expense of special messenger may be charged, 225, 446, 467. at what place to be given, 226. when to be given, 227. |