DELIVERY, by executor after indorser's death, 43. 135. necessary to perfect indorsement, 116. to perfect acceptance, 151. transfer by, 122, 123. liability of party transferring by delivery without indorsement, 122. 125. rights of transferee by delivery, 125, 298. warrants, genuineness of signature, 125. DEMAND, particulars of, 326. DEMAND, BILL OR NOTE PAYABLE ON, where no time of payment is specified, bill or note is payable on demand, actual demand not necessary to charge acceptor or maker, 170, 361. from what time the Statute of Limitations runs on, 273. presentment of, 163. proof in bankruptcy of bill payable on demand, 361. when considered overdue, 131. 163, 164. DEMAND OF ACCEPTANCE. See Presentment for Acceptance. by a bill broker, 24, 25. by restricted indorsee, 119. 121. DETINUE, ACTION OF, by giving time. See Principal and Surety. before breach of contract, 182. what conduct of the holder towards the surety discharges the principal, 198. under insolvent act, 380 to 383. by bankruptcy, 356 to 379. DISCOUNT, usury on, 245. of a man's own acceptances, whether usury, 245. commission for, 247. by advancing goods, 249. by banker, who becomes bankrupt, 374. by giving other bills in exchange, 246. under supicious circumstances, 125, 126. 298. of bills at very long dates, 246. usurious. See Usury. DISCOVERY, BILL OF, in aid of action or defence on bill, 331. of an I. O. U., 20. DISHONOUR, by non-acceptance. See Presentment for Acceptance. when it must be attested, 65. where he must make the bill payable at a particular place, 66. 166. effect of, 2. 113. DRUNKENNESS, note made in, 57. must be specially pleaded, 48. DURESS, makes proof of consideration necessary, 93. EARNEST, bill or note is, EAST INDIA BONDS, 127. EFFECTS, whether want of, in the drawee's hands prevents the drawer from being dis- want of excuses protest, 203. and notice of dishonour, 231. will not avail as an excuse in an action against indorser, 332. nor as an excuse in an action against the drawer, where there is reasonable whether against an acceptor without effects, a party paying supra protest has when acceptor is a competent witness to prove absence of effects in his hands, ELECTION TO PROVE OR SUE. See Bankruptcy. EMBEZZLEMENT OF BILLS, is felony, 137. EQUITY, COURT OF, when it will restrain the negotiation of a bill, or order it to be delivered up to jurisdiction in case of lost or destroyed bills, 301, 302. when will restrain action on bill, 330. bill of discovery in, in aid of defence, &c., 20, 331, where bill or note payable at a particular place, 167, 168, 169. EVIDENCE-continned. competency of parties to the instrument as witnesses in actions between other declarations at the time of making the instrument, 351. of former holders, 357. effect of admissions on record, 352. proof of signature or mark, 352, 353. identity of defendant, 352. of consideration, 93. 353. production of bill, when necessary, 353. proof of name, 353. proof of mark, 353. proof of signature by agent, 354. bill or note evidence under the common counts, 354. proof in various actions, 354. receipt, 355. amendment at trial, 356. of date of bill, 373. to save the Statute of Limitations, 284. of notice of dishonour, 219. See other points under the different heads to which they relate. EXCHANGE, where foreign bill must be paid according to the course of exchange when of bill for other bill, 123. 185. 307. of acceptances, proof of in case of bankruptcy, 363. expenses of re-exchange, 329. EXCHEQUER BILLS, when wrongful transfer of will pass property, 127. 136. EXECUTION, bank notes, bills of exchange, promissory notes and checks can be taken in, 3. 18. 136. effect of waving execution against the person, 185. 194. against the goods, 184. taking party in execution, where he is discharged under the Lords' Act, 381. where the Court will restrain execution, 322. when execution is a satisfaction, 184. 195. 322. EXECUTORS AND ADMINISTRATORS, rights and liabilities of, 40. always bound and implied without being named, 40. effect of indorsement to a dead man, 40. indorsement by executor, 40. 42. 135. indorsement by one of several co-executors, 43. presentment by, and notice to, 40. effect of probate, 41. bills and notes, bona notabilia, 41. appointment of debtor to be executor a release, 41. debtor becoming administrator, 42. where executors may sue as such, 43. delivery by executor after indorser's death, 43. 135. joinder of common counts, 43, 44. liability to costs, 44. profert of probate, 43. when executor personally liable, 44. acknowledgment by, 297. EXPENSES, of special messenger, to give notice of dishonor when recoverable, 220. bills and notes may be seized under, 3. 137. and presentment excused by, 170. where bill is taken under, notice of dishonour is not necessary, 238. of right of action on a bill, 182 to 184. effect of warrant of attorney, 184. FACTOR, how far he can convey a title by pledging bills, 24. misdemeanor, if he pledge beyond the extent of his lien, 28. 137. FATHER OR SON, of the same name, bill payable to, 60. acquires no title to bill by indorsement, 51. FELONY, embezzlement of bills or notes is, 137. FIAT. See Bankruptcy. FICTITIOUS BILLS, where one partner indorsed the name of the firm on, firm liable, 32. forging, 262. FLUCTUATING BALANCE, when a consideration, 96. FOREIGN LAWS, how far regarded, 314. revenue laws, 316. pleading, 320. FOREIGN BILLS, what, 312. sets of bills, 309. 313. presentment of, 320. See Presentment for Acceptance, Presentment for Pay- ment. presumption of being inland, 313. acceptance of, 147, 148. 313. protest, 200. See Protest. conflict of laws relating to, 313. where lex loci contractus governs, 315, 316. foreign acceptance of, 316. foreign indorsement of, 316. foreign discharge, 316. where lex loci solutionis governs, 315, 316. foreign indorsement of English note, 317. time of payment, 317. protest and notice of dishonour, 317. immoral, illegal, and injurious contracts with respect to, 317. stamps on, 318. on Irish or colonial bills, 318. application of lex fori, 316. 319. Statutes of Limitations as to, 320. pleading foreign law, 320. FOREIGN BILLS-continued. transfer of, 134. 316. FORGERY, what it is, 260. when acceptor precluded from setting it up, 156. See Acceptance. degree of crime, 260. statutes, 260. of void or informal bills, 260. by misapplication of a genuine signature, 261. by filling up a blank acceptance for more than authority, 262. by signature of fictitious name, 262. by fraudulent signature of a man's own name, 262. misrepresentation of authority, 263. by alteration, 263. uttering, 264. procuring to utter, 264. of foreign bills, 265. form of indictment, 264. where several make distinct parts of the instrument, 265. civil consequences of, 266. payment of a forged bill, 266. when money paid on forged bill may be recovered back, 266. FORM OF BILLS OR NOTES, 56 to 67. FRAUD, in filling up checks, 17. fraudulent transfer, 125. fraudulent considerations, 100 to 103. when a party who has been defrauded is bound, 47. 103. equity will relieve in case of, 137. FUND, bill or note must not be payable out of a particular fund, 73 GAMING CONSIDERATION, 106. GIFT, of bill, &c., inter vivos, whether valid, 94. as a donatio mortis causâ, 136. GIVING TIME. See Principal and Surety. GOOD FRIDAY. See Christmas Day and Holiday. at what hour payable, 14. GRACE. See Days of Grace. when presentment is requisite to charge guarantor, 158. second acceptance may be a guarantee, 151. second maker of a note may be liable as, 6. distinction between it and a promissory note, 8. |