cannot be the subject of a donatio mortis causâ, 136. capacity of contracting parties to, 21 to 55. value received, of the words, 63. by co-partnerships or corporations, 67. must be for payment of a certain sum, 70. not out of a particular fund, 73. must not be drawn on a contingency, 75 to 72. operation of agreements respecting, 75, 76. ambiguous, conditional, or irregular, 68 to 74. BILLS OF EXCHANGE-continued. principal and surety in relation to, 189 to 199. protest of, and noting, 200 to 205. notice of dishonour, 212 to 239. alteration of, 253 to 259. forgery of, 260 to 268. Statute of Limitations as to, 269 to 286. set-off and mutual credit, 287 to 296. bill when a payment, 303 to 308. bankruptcy, 358 to 379. insolvency, 380. BILL BROKER, how he may raise money on bills, 25. CHECKS, what, 10. not liable to stamp duties, 11. requisites to bring them within the exemption, 11. consequences of drawing improper check on unstamped paper, 12. penalty on banker paying the same, 12. post dating, 12. 58. amount for which check may be drawn, 12. obligation of banker to pay, 13. should be presented the day after it is issued, 13, 14. general rule as to presentment of, 14. between holder and drawer, 14. between holder and his own banker, 14. where parties do not live in the same place, 14. between holder and transferer who is not the drawer, 14. what amounts to an engagement by drawer to pay check, 15. crossed checks, 15. when check evidence of payment, 16. CHECKS-continued. when it amounts to payment, 16. when it may be taken in payment, 16. holder of, whether assignee of a chose in action, 17. fraud in filling up checks, 17. when several must join in drawing, 18. period at which bankers should debit customers with, 18. are not protestable, 18. may be referred to Master to compute, 18. cannot be the subject of a donatio mortis causâ, 18. 136. overdue check, 18. transfer of, 130. banker paying check before due, or long after it is drawn, to a wrongful owner, it is his own loss, 130. 173, 174. if lost, action will not lie upon it, 299. venue in action on, 326. CHRISTMAS DAY, considered for all purposes as Sunday, 7 & 8 Geo. 4, c. 15–161. 224. CODICIL, when a bill or note may be, 3. See Will. COPARTNER OR COPLAINTIFF, bound by acts of his companion, 33. CHURCHWARDEM, note given by or to, 54. COHABITATION, past illicit, a consideration not illegal, but insufficient to support a note, 103. COLLATERAL SECURITY, effect of memorandum, 352. COMMISSION, for discounting or remitting bill, what amount may be taken, 245,246. COMMISSION OF BANKRUPTCY. See Bankruptcy. COMMON COUNTS. See Money Counts. COMPANIES. See Corporations and Companies. COMPOSITION WITH CREDITORS, not secretly given to one creditor in preference to others, void, 101. any secret additional security void, though for the same sum, 101, 102. compounding creditor cannot split his demand, 102. when he must refund money paid on bills which he retains, 102. composition entered into by holder with acceptor discharges other parties, 196. rule to, 328. CONDITION, bill or note cannot be made payable on, 70 to 72. conditional indorsement, 117. conditional acceptance, 149. CONFLICT OF LAWS, 313. CONSIDERATION, presumed, 2. 92. whether a transferee, in consideration of pre-existing debt, is considered a executory in an action by a corporation, 52. when it must be proved, 93. effect of new rules of pleading, 94. gift of a bill or note, 94. nature of the consideration, 95. CONSIDERATION-continued. pre-existing debt, 95. judgment debt, 97. where more than one consideration comes in question, 97. part illegal, 111. when can be taken advantage of after judgment by default, 112. when the Court will stay proceedings on affidavit of absence of consideration, 328. renewed bill given on illegal consideration when void, 111. transferer by delivery not in general liable on the, 122. CONSOLIDATING ACTIONS, on bills or notes, 327. CONSTRUCTION, of written instruments, 217. CONTRACT, bill or note does not suspend a contract under seal, 304. CONTRIBUTION BETWEEN SURETIES, 199. CONVICTED FELONS, when cannot acquire title to bill, 51. COPLAINTIFFS, bound by misconduct of each other, 33. COPY, of notice of dishonour, admissible evidence, without notice to produce, 219. CORPORATION AND COMPAÑIES, corporations can, in general, contract only by writing under their common exceptions to the rule, 51. effect of bank acts, 52. do not apply to commercial firms, 52. relaxed by the 7 Geo. 4, c. 46–52. privileges of the Bank of England, 52, 53. when a corporation can sue in assumpsit, 51. CORPORATION AND COMPANIES-continued. members of joint-stock banking companies may sue the firm and be sued by liability of directors on bills and notes, 54. COSTS, when, on payment of debt and costs, the Court will stay proceedings, 327. what costs must be paid, 327. proceedings for costs, 322. liability to, how far it affects the competency of witnesses, 319. COVENANT, note to sue, 186. 188. not to sue within a limited time, 186. 188. COUNTRY BANK NOTES. See Bankers' Cash Notes, 7. taking bills of third person, consequence of, 305. if bill dishonoured, what he must prove, 306. CROSSED CHECKS, 15. 173. CROSS BILLS AND ACCEPTANCES, when mutally considerations for each other, 95. indorsement to a dead man, 40. who is to indorse after, 40. 135. of drawer of check, 17. donatio mortis causâ, 136. presentment for acceptance on death of drawee, 142. notice of dishonour not dispensed with by death of drawee, 236. presentment for payment on drawee's death, 159. DEBT, ACTION OF, 333. See Action, DEBT, a pre-existing, is a consideration, 28, 29. 95. DEED, taken as security, how far it is an extinguishment of liability on a bill, 185. DE INJURIA, replication, 344. |