drawer, the person paying for his honor can not have recourse against an acceptor for the accommodation of the maker. Gazzam v. Armstrong, 3 Dana (33 Ky.) 556. There can be no payment for honor, except of bills of exchange, Id., 557. § 176. Where Holder Refuses to Receive Payment Supra Protest.-Where the holder of a bill refuses to receive payment supra protest, he loses his right of recourse against any party who would have been discharged by such payment. Eaton and Gilbert, Com. Paper, 626. Norton, B. & N., 301. § 177. Rights of Payer for Honor. The payer for honor on paying to the holder the amount of the bill and the notarial expenses incident to its dishonor, is entitled to receive both the bill itself and the protest. Eaton and Gilbert, Com. Paper, 627. Norton, B. & N., 301. ARTICLE VII. BILLS IN A SET. Section 178. Bills in a set constitute one bill. 179. Rights of holders where different parts are negotiated. 180. Liability of holder who indorses two or more parts of a set to different persons. 181. Acceptance of bills drawn in sets. 182. Payment by acceptor of bills drawn in sets. 183. Effect of discharging one of a set. § 178. Bills in Sets Constitute One Bill.-Where a bill is drawn in a set, each part of the set being numbered and containing a reference to the other parts, the whole of the parts constitute one bill (a). Eaton and Gilbert, Com. Paper, 582. Norton, B. & N., 25. (a) In an action by an indorsee against the acceptor, the title of the plaintiff is made out prima facie by the production of the part which has been accepted. Johnson v. Offutt, 4 Met. (61 Ky.) 22. § 179. Rights of Holders Where Different Parts are Negotiated.-Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders the Note. The numbers of the sections of this article in other States than Kentucky are as follows: Arizona, 3481-3486; Colorado, Connecticut, District of Columbia, Florida, Idaho, Iowa, Massachusetts, Montana, New Jersey, North Carolina, North Dakota, Oregon, Pennsylvania, Tennessee, Utah, Virginia and Washington, 178-183; Maryland, 197-202 New York, 310-315; Ohio, 31770-3177t; Rhode Island, 186-191; Wisconsin, 1681-35-1681-40. true owner of the bill. But nothing in this section affects the rights of a person who in due course accepts or pays the part first presented to him. Eaton and Gilbert, Com. Paper, 583. Norton, B. & N., 25. § 180. Liability of Holder Who Indorses Two or More Parts of a Set to Different Persons.-Where the holder of a set indorses two or more parts to different persons, he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills. Eaton and Gilbert, Com. Paper, 583. Norton, B. & N., 25. § 181. Acceptance of Bills Drawn in Sets.-The acceptance may be written on any part and it must be written on one part only. If the drawee accepts more than one part, and such accepted parts are negotiated to different holders in due course, he is liable on every such part of it as if it were a separate bill. Eaton and Gilbert, Com. Paper, 583. Norton, B. & N., 25. § 182. Payment by Acceptor of Bills Drawn in Sets. When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon. Eaton and Gilbert, Com. Paper, 584. Norton, B. & N., 25, 297. § 183. Effect of Discharging One of a Set.-Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged by payment or otherwise, the whole bill is discharged. * Eaton and Gilbert, Com. Paper, 584. Norton, B. & N., 25, 297. *The Wisconsin Act contains an additional article (sections 1682-1683) providing for payment of exchange and damages. TITLE III.-PROMISSORY NOTES AND CHECKS. ARTICLE I. Section 184. Promissory note defined. 185. Check defined. 186. Within what time a check must be presented. 187. Certification of check; effect of. 188. Effect where the holder of check procures it to be certified. 189. Check does not operate as an assignment of fund. negotiable § 184. Promissory Note Defined.-A promissory note within the meaning of this act is an unconditional promise (a) in writing (b) made by one person to another, signed (c) by the maker engaging to pay on demand (d) or at a fixed or determinable future time (e), a sum certain (f) in money (g) to order (h) or to bearer (i). Where a note is drawn to the maker's own order, it is not complete until indorsed by him (j). Eaton and Gilbert, Com. Paper, 17 and 73 N. Y. (a) The words, "I have borrowed" so much money, are equivalent to a promise to repay. Harrow v. Dugan, 6 Dana (36 Ky.) Note. The numbers of the sections of this article in other States than Kentucky are as follows: Arizona, 3487-3491; Colorado, Connecticut, District of Columbia, Florida, Idaho, Iowa, Massachusetts, Montana, New Jersey, North Carolina, North Dakota, Oregon, Pennsylvania, Tennessee, Utah, Virginia and Washington, 184-189; Maryland, 203-208; New York, 320-325; Ohio, 3177u-31772; Rhode Island, 192-197; Wisconsin, 1684-1684-5. |