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MEMORANDUM,

effect of, on bill or note, 75, 76.

duty of bankers to make on bills, &c., when paid, 133. 181.
MESSAGE,

sent, not presumed to be delivered, 98.

MISDEMEANOR,

compounding, when an illegal consideration, 105.
when legal, 105.

embezzlement of bills, &c., 28. 137.
MISSPELLING,

will not avoid an indorsement, 115.
MISTAKE,

in charging too high an interest, not usury, 248.
alteration of bill to correct, when allowed, 256.
amendment of on trial, 356.

MONEY HAD AND RECEIVED,

bill or note evidence of, 354.

MONEY COUNTS,

where applicable, 354.

MONEY LENT,

bill or note evidence of, 354.

money deposited with a banker, 354.

MONTH,

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NEED,

presentment to referee in case of need, 206, 207.
NEGLIGENCE,

of transferee formerly affected his title, 125. 298.
now does not, 126. 298.

unless it amounts to fraud, 126.

NEW AND OLD STYLE, 160.

NEW SECURITY, 107.

NON-ACCEPTANCE,

notice of, 212, 213.

NON-PAYMENT,

notice of, 212, 213. See Notice of Dishonour.

NOTARY PUBLIC,

how appointed, 201.

his office, 201.

what he may charge, 203.

table of fees. See Appendix, 385.

NOTE PROMISSORY. See Promissory Note.

NOTICE,

proof in bankruptcy of note payable after, 361.

of dissolution of partnership, 37.

NOTICE OF NON-ACCEPTANCE, 212, 213. See Notice of Dishonour.
NOTICE OF NON-PAYMENT, 212, 213. See Notice of Dishonour.

NOTICE OF PROTEST,

when it must be given, 203.

NOTICE OF DISHONOUR,

mode of giving it, 213. 218.

what form of requisite, 213.

instances when held insufficient, 215, 216, in notes.

the like where sufficient, 216, 217.

statement of party on whose behalf it is given, 217.
notice of protest need not accompany it, 218.

verbal message, 213. 217.

by post, 219.

how it should be directed, 218.

where it should be posted, 218.

evidence of posting, 218.

consequence of miscarriage, 218. 220. 302.

twopenny post, 219.

special messenger, 220.

when expense of special messenger may be charged, 220.

by what conveyance notice of dishonor should be sent abroad, 220. 317.

at what place, 220.

when to be given, 221.

where the parties live in different places, 221.

in the same place, 222.

where a party, receiving notice, must transmit it, 223.

whether it may be given on the day of dishonour, 223.

in case bill is deposited with banker or agent, 223.

where Sundays or holidays intervene, 24.

evidence, on whom proof lies, 224.

what is evidence, 224, 225. 238.

by whom notice may be given, 225.

cannot be given by a stranger to the bill, 225.

where the notice circulates back through several parties, 226, 227.

notice of dishonour of a bill payable at a particular place, need not be given

to acceptor, 228.

by an agent, 226.

to whom, 226.

to an agent or attorney, 228.

need not be given to acceptor, 228.

to a party not indorsing, 229.

to a guarantor, 230.

to an indorser giving a bond, 230.

where several are jointly liable, 229.

consequences of neglect to give notice, 230.

what excuses notice, 231.

agreement of the parties, 231.

where the drawer had no effects in drawee's hands, 231.

nor reasonable expectation that the bill would be paid, 234.
ignorance of residence, 234.

in case of death, 228. 236.

of illness, 235.

of accident, 235.

of bills drawn by several on one of themselves, 236.

bill or note not negotiable, 236.

death, bankruptcy, or insolvency of drawee, 228. 236.
where bill is on an insufficient stamp, 236.

NOTICE OF DISHONOUR-continued.

notice to produce not necessary, 239.

consequence of neglect waived by promise, payment, or acknowledgment, 236,

237.

where the bill is taken under an extent, 238.

pleading, where notice is excused or waived, 238.

evidence of notice, 224. 238.

of a lost bill, 299.

NOTICE OF FILING INSOLVENT'S PETITION, 382.
NOTICE OF ILLEGALITY OF CONSIDERATION, 110.
NOTICE TO PROVE CONSIDERATION,

not necessary, 93, note (c), 219. 238.

NOTICE TO PRODUCE,

notice of dishonour not necessary, 219.

NOTING,

what, 202.

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what constitutes a partnership, 29.

agreement not the draw bills, 29.

partners both entitled and liable on a bill, 30.
where one partner can bind the other by will, 31.
not bound by promissory note of his copartner, 32.
nor if style of firm varied, 32.

farming, mining, and joint-stock partnerships, 33.
partnerships not in trade, 33.

partner exceeding his authority, 33.

where there is notice, 34.

pleading and evidence, 34.

partner in two firms, 35.

incoming partner, 35.

when the holder of a bill discharges the firm by taking fresh security, 35.

ratification, 36.

dormant partner, 36.

PARTNER-continued.

where the partnership is to commence by relation from a time past, 36.
when a dormant partner may join as plaintiff, 36.

or be joined as defendant, 36.

nominal partner, 36.

dissolution, 37.

notice of it, 37.

effect of dissolution, 38.

dissolution by death, 38, 39.

transfer, how to be made after dissolution, 38.

when authority to indorse after dissolution may be inferred, 39.

dissolution by bankruptcy, 39.

occasional partnership, 40.

acknowledgment by taking a bill out of the statute, 281.
receiving profits without risk, usury, 249.

PAYEE,

who he is, 1,

description of, 60.

indorsement by another man of same name, 60.

where there is no payee, 61.

a fictitious payee, 61.

when principal and when surety, 190, 191.
ΡΑΥΜΕΝΤ,

presentment for. See Presentment for Payment.
transfer after, 132.

to whom payment should be made, 172.

of a lost or stolen bill, 173, 174. 266. 306. See Loss of Bills and Notes.
of a forged bill, 181. 251. See Forgery.

of crossed checks, 173.

when payment of a forged bill may be recovered back, 181. 266.

when payment should be made, 175.

at what time of day, 176.

before bill is due, 176.

when a legacy will be a satisfaction, 177.

payment after action brought, 177.

by banker's notes and checks, 177.

appropriation of payments, 178, 179.

rateable appropriation, 179.

part payment, 179.

by acceptor, 174.

by drawer or indorsor, 132. 174.

by a stranger, 175.

by drawer where there is a third person payee, 132.

when a bill taken of a third person is payment, 305.

when a bill is payment in bankruptcy, 377.

presumptive evidence of payment, 180. 286.

delivering up the bill, 180.

giving a receipt, 180.

effect of a receipt, 181.

tender, 181.

retraction of payment, 181.

how far a bill or note is considered payment, 303.

how far extinction of the debt as to one party on a bill will be satisfaction as

to another, 184. 192.

to an infant, 47.

to a married woman, 51.

by negotiable instruments, 307.

PAYMENT, SUPRA PROTEST,

what and how made, 210.

right of party paying supra protest, 210.

PAYMENT, SUPRA PROTEST-continued.
paying for honour without protest, 211.
of accommodation bills, 211.

PAYMENT OF MONEY INTO COURT,
formerly admitted sufficiency of stamp, 91.
effect under the Statute of Limitations, 281.
PENCIL,

bills and notes may be written in, 56.

PETITIONING CREDITOR'S DEBT. See Bankruptcy.
PLACE WHERE BILL OR NOTE IS MADE,

superscription of, 57.

PLACE WHERE BILL OR NOTE IS PAYABLE,
appointed by the drawer, 66. 166, 167, 168.

by the acceptor, 66. 166, 167. 254.

by maker of note, 66. 168, 169.

Bank of England notes, 67.

other bank notes, 67.

PLEADING,

of law merchant unnecessary, 2.

imbecility, 47.

drunkenness, 48.

agreement, 77.

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