§ 128. Bill Addressed to More Than One Drawee. -A bill may be addressed to two or more drawees jointly, whether they are partners or not; but not to two or more drawees in the alternative or in succession.* Eaton and Gilbert, Com. Paper, 580. § 129. Inland and Foreign Bills of Exchange. -An inland bill of exchange is a bill which is, or on its face purports to be, both drawn and payable within this State (a). Any other bill is a foreign bill (b). Unless the contrary appears on the face of the bill, the holder may treat it as an inland bill (c). Eaton and Gilbert, Com. Paper, 581. Norton, B. & N., 24. Randolph, Com. Paper, § 236. (a) Taylor v. Bank of Illinois, 7 Mon. (23 Ky.) 579; Young v. Bennett, 7 Bush (70 Ky.) 477. (b) Chenowith v. Chamberlin, 6 B. M. (45 Ky.) 61; Gray Tie & Lumber Co. v. Farmers' Bank, 109 Ky., 694; 22 K. L. R., 1333; 60 S. W., 537. (c) In Harmon v. Wilson, 1 Duv. (62 Ky.) 323, a bill not showing on its face the place where it was drawn, but addressed to the drawee at Cincinnati, Ohio, was held to be a foreign bill, because of the fact that the drawer was a resident of Kentucky. This section has changed the law in this particular. Courts will not take judicial notice of the fact that a city, village, or town, mentioned in a bill as the place where it was drawn or made payable, is located in a foreign State. Eaton and Gilbert, Com. Paper, 14. Daniel, Neg. Inst., section 11. § 130. When Bill May be Treated as Promissory Note.-Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person or a person not having capacity to contract, the holder may *The Wisconsin Act omits the words, "or in succession." treat the instrument at his option, either as a bill of exchange or a promissory note (a). Eaton and Gilbert, Com. Paper, 581. (a) Where the instrument is so ambiguous that there is doubt whether it is a bill or a note, the holder may treat it as either, at his election. Section 17. In Gray Tie & Lumber Co. v. Farmers' Bank, 109 Ky., 694; 22 K. L. R., 1333; 60 S. W., 537, it was held that a bill drawn by an agent on his principal, by authority of the principal, was in legal effect only the note of the principal. Under this section, however, the holder may treat such an instrument as a bill of exchange. § 131. Referee in Case of Need.-The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need; that is to say, in case the bill is dishonored by nonacceptance or non-payment. Such person is called the referee in case of need. It is in the option of the holder to resort to the referee in case of need or not, as he may see fit. Eaton and Gilbert, Com. Paper, 581. 1 ARTICLE II. ACCEPTANCE OF BILLS OF EXCHANGE. Section 132. Acceptance, how made, et cetera. 133. Holder entitled to acceptance on face of bill. 134. Acceptance by separate instrument. 135. Promise to accept; when equivalent to ac ceptance. 136. Time allowed drawee to accept. 137. Liability of drawee refusing to return bill or destroying it. 138. Acceptance of incomplete bill. 139. Kinds of acceptances. 140. Acceptance to pay at a particular place. 142. Rights of parties as to qualified acceptance. § 132. Acceptance; How Made, Et Cetera.-The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee (a). It must not express that the drawee will perform his promise by any other means than the payment of money. Eaton and Gilbert, Com. Paper, 593. Norton, B. & N., 78, 83, 86, 91. (a) Izzo v. Ludington, 79 N. Y. S., 744; 79 App. Div., 272. The requirement that the acceptance shall be in writing has Note. The numbers of the sections of this article in other States than Kentucky are as follows: Arizona, 3435-3445; Colorado, Connecticut, District of Columbia, Florida, Idaho, Iowa, Massachusetts, Montana, New Jersey, North Carolina, North Dakota, Oregon, Pennsylvania, Tennessee, Utah, Virginia and Washington, 132-142; Maryland, 151-161; New York, 220-230; Ohio, 3175w-3176f; Rhode Island, 140-150; Wisconsin, 1680f-1680p. changed the law in Kentucky. See Daniel, Neg. Inst. (5th Ed.) sections 504-507a. It is not necessary, however, that the acceptance shall be written on the bill. It may be made by letter or by telegraph. North Atchison Bank v. Garretson, 51 F., 167. In Rogers v. Poston, 1 Met. (58 Ky.) 646 and in Todd v. Bank of Kentucky, 3 Bush (66 Ky.) 626, it was held, contrary to the almost unanimous decisions elsewhere, that the drawee's writing his name across the face of the bill was not an acceptance, or at least not a complete acceptance, and that when, at the request of the drawee, an indorser had put his name on a bill, across the face of which the drawee had written his name, and then delivered the bill to the drawee to enable him to raise money on it, the indorser remained bound, although the drawee, without the consent of the indorser, afterwards wrote over his own signature an acceptance payable at a particular place. A necessary implication from sections 63 and 64, however, is that a party to a bill who puts his name on it intends to bind himself in the capacity in which he appears to be a party, and not otherwise, and, as by section 125, the addition of a place of payment where none is specified, is a material alteration, it seems that the statute has changed the rule established by these cases. See also section 138. § 133. Holder Entitled to Acceptance on Face of Bill. The holder of a bill presenting the same for acceptance may require that the acceptance be written on the bill, and, if such request is refused, may treat the bill as dishonored. Eaton and Gilbert, Com. Paper, 596. Randolph, § 134. Acceptance by Separate Instrument.-Where an acceptance is written on a paper other than the bill itself, it does not bind the acceptor except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value. Eaton and Gilbert, Com. Paper, 596. Norton, B. & N., 97. Randolph, Com. Paper, § 606. § 135. Promise to Accept; When Equivalent to Acceptance.-An unconditional promise in writing to accept a bill before it is drawn is deemed an actual acceptance (a) in favor of every person who, upon the faith thereof, receives the bill for value (b). Eaton and Gilbert, Com. Paper, 597. Norton, B. & N., 97. Randolph, Com. Paper, § 614. (a) Where the drawee of a bill, by his writing authorizing it to be drawn, induces its taking by the payee, he has in effect accepted the bill, and a promise made to him by the payee, in order to secure the drawee's acceptance on the face of the bill, that if the drawer did not take it up he, the payee, would, is without consideration and no defense to an action on the acceptance. Vance v. Ward, 2 Dana (32 Ky.) 95. The requirement that the promise shall be in writing is wholly statutory, and has changed the law in Kentucky. (b) In Read v. Marsh, 5 B. M. (44 Ky.) 10, it was held that one who had promised to accept an existing bill was liable as an acceptor to the holder, although the latter had received the bill without notice of the promise. The statute has changed the law in this particular. § 136. Time Allowed Drawee to Accept.-The drawee is allowed twenty-four hours after presentment in which to decide whether or not he will accept the bill; but the acceptance, if given, dates as of the day of presentation. Eaton and Gilbert, Com. Paper, 601. Norton, B. & N., 95, 103. Randolph, Com. Paper, § 620. § 137. Liability of Drawee Refusing to Return Bill or Destroying it.-Where a drawee to whom a bill is delivered for acceptance destroys the same or refuses within twenty-four hours after such delivery, or within such other period as the holder may allow, to return |