INDORSEE-(continued).

but this is not the usual practice, 461.

plaintiff a remote indorsee may, after indorsement in blank, declare as
indorsee of payee, 461.

in which case all subsequent names should be struck out, 461.

form of a concise indorsement, 461.

must prove indorsement to have been made in an action against
drawce or acceptor, 499.-(See "Evidence.")

when indorser's letters may impeach his title, 526, 7.-(Sce" Usury,"
"Letter.")

in what cases a competent witness, 532.-(See "Witness.")

INDORSEMENT. (See " Indorsee," "Transfer.")

bills, notes and checks may be absolutely assigned by indorsement, se
as to vest legal interest, 17. 141.

an agent must endeavour to procure an indorsement, 37.

by one of two persons not in partnership, and who drew a bill, and
both sign their names to it, bad, 49.

on face of a bill or note is considered as part thereof, and operates
accordingly, 59, 60.

forgery of an indorsement of payee of one part of a foreign bill, no de-
fence to an action on the other part, 81.

but forgery of an indorsement to an inland, payable to order, does not
pass any interest, 192.

writing a fictitious name on a bill is forgery, 84.

waived when bill payable to a fictitious payee, and known to de-
fendant, 119.

material alteration in a bill after, without consent of indorser, invali-
dates the same, 130.

What bills may be transferred, 140 to 144.

all bills payable to order or bearer, 141.

having some words authorizing a transfer, and if such words
omitted by mistake, they may be supplied, 141.

a transfer by delivery imposes same liability towards the im-
mediate assignee as an indorsement, 142.

East India certificates are not indorseable so as to vest legal
interest, 142.

East India bonds are, 142.

check on a banker is, 142.

when a bill or note is unduly obtained by, or otherwise, a
court of equity will relieve, 143.

Who may transfer a bill or note, 144 to 160.

whoever has the absolute property in bill, 144.

how far an indorsement by a person no way concerned will go
to invalidate a bill, 144.

an infant cannot make an indorsement, 144.-(See " Infant.")
but if he does, subsequent indorsers and acceptor are liable,

144.

if bills pass by, and in blank to a person for a particular
purpose, and he negotiate them, how far his indorsee is
interested, 145.

a banker to whom bills have been pledged, 147. —(See
"Banker.")
[148.

a bill payable to a feme sole, who then marries husband may,
a bill payable to a feme covert, the husband may and must,
sue, 149.-(See "Feme Covert.")

carrying on trade, she herself.

INDORSEMENT-(continued).

Who may transfer a bill or note—(continued).

a bankrupt cannot in all cases, but his assignees may, 149.
(See "Bankrupt.")

questions whether the solvent partner of a bankrupt can, 149.—
(See "Partner.")

a bankrupt may if the bill is an accommodation bill, 151.

if at any time before the suing forth of the
commission, 152.

not if suspicious circumstances arise of insol-
vency, 155.

two months before the date of a commission,
156.

if made by way of fraudulent preference, it is bad, 156.—(See
"Fraudulent Preference.")

executor or administrator may, 159.-(Sce "Executor and Admi-
nistrator.")

of a bill to several not in partnership, they must all join to trans-
fer it, 159.

in partnership, the indorsement of one

when suffices, 39. 159. 118.

in partnership, and one only of them in-
dorses, and then drawee accepts, he
cannot dispute the validity of it, 159.
in case of a bill payable to one for use of another, the former
must make the indorsement, 160.

one partner may transfer in name of his co-partners, 160.
by drawer after it has been returned to and paid by him, 168.
may be made by an agent, 172.

The time when a transfer of a bill may be made, 160 to 169.

usually made after completely drawn, yet may be made before, 160.
if made before it is drawn, and indorser die before the day it bears
date, drawer is liable to indorsee, 161.

bill under five pounds cannot be indorsed before they bear date,
161.-(See "Small Bills.")

laches of the holder of a bill, on not giving notice on refusal to ac-
cept, afterwards indorsed to a bonâ fide indorsee without notice
thereof, does not affect his right of action, 162.

otherwise if he knew of such dishonor, 162.

a bill may be transferred after it is due, 163, 168.

but bills under £5. cannot be transferred after due, 164.

when bills may be transferred after action brought, 165.

a bill transferred after it is due carries a presumption of fraud,
165.

and such indorsee is liable to the same objections and has the same
advantages, as if it were in the hands of his immediate indorser,
165, 166. 169.

but if the action be against an accommodation acceptor he is not
discharged unless the plaintiff gave no value for it, 167.

this rule will apply to a check indorsed over long after it was first
issued, 166.

but such transfer, when made by a party to it, implies no fraud, 167.
when an improper transfer of a bill or note is made, a bill in
equity or an action of trover lies, 168.

after overdue and paid by drawer, 168.

after payment of part of a bill, it may pass by for the residue,
169. 181.

INDORSEMENT-(continued).

Modes of indorsement and transfer, 169 to 181.

783

[169.

when a bill is payable to bearer it may be transferred by delivery,
to the order of a person, it must be done by
indorsement, 169.

to the order of a fictitious person, by deli-
very, 170.
[170.

no form of words essential to indorsement, signature is sufficient,
what is an indorsement in full and blank, 170.

when indorsement in full is made it can only be transferred by in-
dorsement, 170.

otherwise when indorsement is in blank, 170.

and such indorsement makes a bill payable to bearer, 171.

and if the first indorsement on a bill is made in blank it may be
transferred by delivery, notwithstanding any subsequent in-
dorsement in full, 171. 175.

if a bill is payable to the order of a person, or of the drawer, such
person's name must appear on the bill in the shape of an in-
dorsement, 171. 184.

an indorsement may be made on face as well as back, 171.
how an indorsement may be made, 172.

a private mark, when not equivalent to an indorsement, 172.
and when an indorsement was made by a stranger, on faith of a
promise made by the holder, it is invalid, 172.

how a bill should be indorsed by an agent to a stranger and to the
principal, 172.

how a small bill should be indorsed, 173.--( See "Small Bills.")
indorsement of a bill in name of agent bad, unless it is so stated

in it, 172.

a blank the most usual, and conveys a right of ac-
tion to all who please to sue jointly on the bill,
though not partners, 173.

the holder may write over what he pleases, 173.
and such indorsement is always sufficient, 174.

an indorsement in blank may be converted into a special indorse-
ment, 174.

how it is done, 174.

but such an act, without the addition of the holder's name, does
not make him liable, 174.

an indorsement in blauk, if filled up by the indorsee, the action
cannot be brought in the name of the indorser, 174.

advisable sometimes for indorsee to fill up a blank indorsement,
176.

Of a special indorsement, 176 to 181.

what it is, 176.

and after such an indorsement it may be transferred by another in
blank, 178.

and the words" or order" are not necessary to make it negotiable
in an indorsement in full, 176. 179.

how to make a restrictive special indorsement, 177. 179.

this mode prevents the indorsee from filling up a blank indorse-
ment, 177.

and from transferring the bill, 178.

and when made for use of indorser is revocable, 179.

what words have been considered as not making a restriction, 178.

a restrictive indorsement may be made by any holder, 179.

a conditional indorsement, 179.

by payee of a bill before acceptance

binds acceptor, 179.

INDORSEMENT-(continued).

Of a special indorsement (continued).

a qualified indorsement may be made by any holder, 180.
what it is and its effect, 180.

an indorsement after acceptance cannot be made for less money
than is on the face of the bill, 180.

after indorsement not necessary to deliver bill to vest legal in-
terest, 181.

acceptor not entitled to notice of indorsements, 181.

Of the effect of indorsement and transfer, &c. and liability of, transferred,
182 to 189.-(See " Holder," " Indorsee.")

66

a transfer of a note by indorsement is equivalent to drawing a bill
of exchange, 183.

[183.

and such note may be declared on as a bill, but this is not usual,
a transfer of indorsement gives a right of action against all parties
to a bill, 183.

but if bill payable to order is not first indorsed by payee, holder
can only sue the person from whom he got it, 184.
a transfer by delivery, without indorsement, what obligations it

imposes, 185.

of a bill, &c. unless expressly otherwise
agreed, in the event of non-payment, the
original cause of action returns, 185,
6,7,8.

of a bill or note, without indorsement, a
person may make himself liable, 187.—
(Sec" Guarantee," " Agreement.")

on transfer of a bill by delivery, without indorsement, the assignor
cannot be sued on bill, but his assignee must resort to original
cause, 187.

what circumstances will render this cause unavailing, 188, 9.
a transfer of a bill by delivery, with indorsement by one of several
partners, how far partnership liable, 39, 40. 159, 160. 188.
the obligations imposed by, can only be released by act of the
holder, 189.

when a bill transferable only by, and is delivered to a person with-
out such indorsement, presentment for payment ought to be
made, 318.

indorsement of a bill to an agent to get it paid, whose authority is
afterwards revoked, but who receives the payment, how far it is
valid, 358, 9.

how to be set out in pleading, sometimes advisable to add a count
stating plaintiff as indorsee of some prior indorser, 461.

form of a concise indorsement, 461.

in an action against acceptor by indorsee, application for time is a
waiver of proof of all indorsements except the first, 462.
for less than due must be described in pleading accordingly, 462.
and not necessary to state that it was made in indorser's hand-
writing, and if it was not it would be fatal, 462.

if a note payable to bearer is declared on as indorsed, it must be
proved, 462.

if a declaration aver indorsement to have been before, and evidence
shew that it was made after the bill was due, this is not a fatal
variance, 462.--(See “ Variance.")

notice of indorsement is not necessary to be averred, 462.
if unnecessarily stated in action by indorsee on a note, &c. trans-
ferable by delivery, it must be proved, 498.-(See "Evidence.")
if attested by a subscribing witness he must be called, 491. 500,
-(See "Witness.")

INDORSEMENT—(continued).

Of the effect of indorsement and transfer, &c. and liability of, transferred
(continued).

drawer's hand-writing to an indorsement must sometimes be proved,
500.-Sce" Hand-writing.")

identity of payee with a person making indorsement must be
proved, 500.

where there are several, usual to insert two counts, one giving all
the indorsements, and one only what are necessary, 461. 502.
and all but the first may, even though in full, be struck out at
the time of trial, if not unnecessarily stated in declaration,
175. 502.

if in blank, several, not partners, may join in suing on the instru-
ment, 504.

but after such indorsement to a firm, for benefit of insolvent's
estate, two of which firm, with C. are trustees of the estate,
they cannot maintain an action on the bill without evidence of
transfer from the firm, 505.

INDORSER. (See " Indorsce," "Indorsement," " Transfer.")
of a bill of exchange, who is, 1. 29.

infancy of, no defence to an action by or against the drawer or ac-
ceptor, 26.

alteration of a bill, after indorsement, without consent of, invalidates
the same, 130.-(See " Alteration.")

liable to any amount if he indorses a blank bill, 160.

how far discharged by laches of an holder, 162. 222.—(See " Laches.")
to what extent he may recover money paid in ignorance of such
laches, 163.

when residence of unknown, advisable to state it on the bill, 173.
must be done in case of a bill under £5. 173.—(See “ Small Bills.")
may make a conditional indorsement, 179.-(See "Indorsement.")
a qualified indorsement, 180.

has the same advantages and disadvantages as the drawer, 184.
not liable to the acceptor, 184.-(See "Holder.")

obligation imposed on an, by indorsement, may be discharged by act of
holder, 189.

may be discharged by payment of the bill by a prior party, 189.

but taking such prior party in execution does not, 189.

for the accommodation of a party, when may retain money in his
hands, 190.

liable immediately to be sued if drawee refuse to accept, 206. 183.
if acceptor does not pay, 239.

when not giving notice to, the dishonor of a bill discharges him, 259.
when it is not material, 276.

bankruptcy of indorser no excuse for want of notice of dishonor, 277.
tender may be pleaded by, though made after notice of the dishonor of
bill but before writ issued, 299.

can only by express waiver, waive his right of defence of laches, 308.
any person may make an acceptance supra protest, without his con-

sent, 310.

may be sued, without making any demand of payment from drawer, 335,
discharged, if holder take a check from acceptor in payment, 368.
of the effect of giving time to, 371 to 384.

of a foreign accepted bill, not obliged to pay without having the bill
delivered up to him, 397.

any one indorser may sue acceptor or drawer, when there are several in-
dorsers, 438. 9. (See " Action.")