« PreviousContinue »
bill of exchange, excuse for nonpresentment, 1452.
dishonor by reason of, 1453.
referee in case of need, 1435.
when presentment to be made, etc., 1375, 1447.
when bill lost or destroyed, effect of, 1464.
when treated as promissory note, 1434.
blanks may be filled by persons in possession, 1318, 1319.
brokers, liability, 1373.
cancellation of, made unintentionally, effect of, 1427.
by holder, 1424.
cashier, when indorsed to, deemed to be payable to bank, etc., 1346.
checks, what are, when to be presented, etc., 1489. (See also Bank checks.)
certification of, 1491.
discharge of drawer and indorser, 1492.
not an assignment of funds, 1493.
conditions not to vitiate, 1306, 1309.
consideration, effect of absence or failure of, 1332.
presumption of valuable, 1328–1331.
provisions requiring nature of to be stated, not affected, 1309, 1310.
construction where language ambiguous, 1321.
corporation, effect of indorsement by, 1326, 1366.
date, alterations of, 1429.
antedating, etc., 1416.
considered as of time issued when not dated, 1321.
negotiability not affected by omission of, 1310.
presumption as to, 1315.
want of, not to affect, where payable at fixed period, 1317.
when may be inserted, 1317.
days of grace abolished, 1389.
defective title, deemed when, 1359–1363.
notice of infirmity, 1360.
defense (see Holder).
definition of term, etc., 1304-1314.
delivery, contract on instrument revocable till, 1320.
presumption as to, 1320.
to be effectual, must be under authority of person making, etc., 1320.
what constitutes, 1320, 1378.
demand, payable on, when, 1311-1357.
discharged, when, 1423, 1425, 1492, 1493.
when persons secondarily liable, 1424.
when rights are renounced, 1426.
dishonor, notice of, to be given for whose benefit, etc., 1393-1421.
notice when party dead, 1402.
in case of partner's, etc., 1403.
where party adjudged bankrupt, 1405.
when parties reside at same or different places, 1407.
dishonored by nonpayment, when, 1387, 1388.
drawer, liability of, 1365.
recourse of, 1388.
to give notice of dishonor, 1393.
to make liable, protest necessary, 1456.
of check discharged after check is certified, 1492.
joint liability of several, 1321.
duress makes instrument defective, 1359.
duties of notaries in connection with presentation, etc., 568.
embezzlement of note not delivered, $35.
executors or administrators must give notice of dishonor, 1380, 1402.
exchange (see Bill of exchange).
provisions with reference to bill of, 1430–1487.
evidence to show agreement, 1372.
failure of consideration, effect of, 1332.
fictitious person when payable to, 1313, 1386.
figures, discrepancy between sum stated, 1321.
forged signature to, effect of, 1327.
foreign bill of exchange defined, 1433.
holder for value, who is, 1330.
holder, rights of, 1331, 1355, 1454, 1455, 1480.
certification of check by, discharges all other parties, 1492.
in due course, who is, 1356.
may insert true date, 1317.
may strike out indorsement, 1352.
may complete instrument, 1426.
notice of defect before full amount paid, 1358.
takes free from defenses when, 1330, 1361, 1363.
when not held in due course is same as nonnegotiable, 1362.
holiday, in re making or paying, etc., 1304.
incomplete, when not delivered, not valid if negotiated without authority, 1318-
indorsement, how made, etc., 1335, 1336, 1345.
at place where instrument dated presumed, 1346.
blank may be converted into special, 1339.
by corporation or infant, effect of, 1326.
by representative, 1083, 1348.
indorsement not liable for usury, when, 1182.
irregular, when deemed to be, 1367.
joint payees not parties, 1345.
joint liability, 1372.
liability of acceptor, 1368.
liability for signature in blank by stranger, 1368.
negotiation by qualified, etc., 1369.
of paper negotiable by delivery, effect, 1371.
order of indorser's liable, 1372.
payee's name misspelled, 1347.
presumption as to place of making, 1350.
presumption as to time of making, 1349.
restricted, qualified, etc., 1137.
sans recourse, 1342.
special, what is, 1338, 1344.
striking out, effect of, 1352.
term defined, 1304, 1335.
transfer without, 1353.
transfer with conditions, 1343.
warrant of, to subsequent holders, 1369, 1370, 1371.
when necessary for negotiation, 1334.
when partial is sufficient, 1336.
indorsee not affected by usury of former holder, 1182.
indorser, when presentment not necessary to charge, 1383.
delay in presentment discharges, 1490.
liability of, 1371, 1424.
on dishonored bills, 1455.
on bills in sets, 1484.
ceases when check is certified, 1492.
notice of dishonor by, 1393.
payment by, does not discharge maker, 1425.
signature presumed that of, 1321, 1368.
when discharged, 1448.
infant, effect of indorsement by, 1326.
inland bill defined, 1433,
interest, from when to run when date not specified, 1321.
joint parties liability, 1321, 1382.
language, ambiguous, construction in case of, 1321.
what sufficient in instrument, 1314.
maker, liability of, 1364, 1374.
married woman not to contract as accommodation for, acceptor, etc., 1155, 1366.
memorandum of payment on, evidence, etc., 1271.
misspelling of payee's name, effect of, 1347.
mistake (see Cancellation).
money, validity not affected because particular kind designated, 1310.
negotiable, when, 1305.
negotiability to continue, 1351.
negotiation before maturity presumed, 1349.
by agent, effect of, 1373.
by delivery or qualified indorsement, 1369.
when deemed to have taken place, 1334.
nonacceptance, rights and liabilities of parties, 1454, 1455.
nonpayment, dishonored by, when, 1387.
right of action on, 1388.
notaries public to make protest, 565–568.
notice of dishonor, to be given, for whose benefit, etc., 1393.
agent may give, 1395.
benefit of inures to whom, 1397.
effect of omnission to give, 1421.
form of, 1399, 1400.
in case partners, etc., 1403.
mailing of, 1409-1410.
may be given to agent, 1401.
of infirmity, when exists, 1360.
waiver of, 1413.
when party dead, 1402.
when parties reside in same or different places, 1407–1408.
when not necessary, 1416–1418.
where part adjudged bankrupt, 1405.
when delay excused, 1417.
not negotiable, when containing promise in addition to promise of payment,
omissions, construction in case of, 1318.
order, instruments payable to, when, 1312, 1313.
overdue instruments, when accepted, payable on demand, etc., 1311.
parties who are accommodation, 1333.
parties who can not be accommodation, 1155.
payable on demand, when, 1311.
to cashier, deemed payable to bank, etc., 1346.
when and where, 1389.
payee's name misspelled, effect of, 1347.
payment, presentment for, where and when to be made, etc., 1374-1375.
when not required to charge drawer or indorser, 1383.
excuse for delay, 1385.
by bank, 1391.
bill must be delivered on, 1378.
by party secondarily liable not a discharge, 1425.
in due course, what it means, 1392.
for honor, 1475-1481.
of bills when drawn in set, 1486.
time of, 1311, 1389.
place, validity not affected because not specified, etc., 1310, 1350, 1429, 1460.
postdating, not invalid because of, 1316.
preexisting debt constitutes value, 1329.
presentation, instrument payable on, when, 1311.
presentment for acceptance, when to be made, 1447-1452.
for payment, where and when to be made, etc., 1374-1375, 1490.
when not required, 1383, 1384, 1386.
excuse for delay, 1385.
time of, when falling due on Sunday, 1389.
presumption as to date, 1315.
as to place of making, 1350.
of negotiation before maturity, 1349.
of valuable consideration, 1328.
when transferee's title shown defective, 1363.
printed provisions, conflict with written, effect of, 1321.
promise in addition to promise of payment, 1309.
must be unconditional, 1306.
is unconditional, when, 1307.
promissory notes, what are, 1488.
protest of bill of exchange, when, etc., 1422, 1456.
by potary public, etc., 568, 1458.
for better security, 1463.
protest on nonacceptance and nonpayment, 1461.
form of, 1457.
waiver of, 1415.
when to be made, 1459.
where made, 1460.
when bill lost, etc., 1464.
when dispensed with, 1463.
referee in case of need, 1435.
renouncing rights against party, 1426.
rights of assignee, when secured by deed of trust, etc., 524-526.
rules of “law merchant" shall govern, 1304.
Saturday, instruments due on, payable next succeeding business day, 1389.
seal on niegotiable instrument, 1310.
secured by mortgage, etc., mortgage to be surrendered on payment of, 527.
sight, instrument payable on, when, 1311.
signature by procuration, effect of, 1325.
deemed to be as an indorser, when capacity not clear, 1321, 1322.
effect of forged, 1327.
in blank by stranger, effect of, 1368.
may be made by agent, etc., 1323, 1324, 1348.
striking out of indorsement, effect of, 1352.
sum payable, what is, 1305, 1306.
tender, what constitutes, 1374.
time of payment, 1307–1308, 1389.
time for notice of dishonor, 1406-1408.
title, deemed defective when, 1359.
defective, what is to be presumed, 1363.
every person, etc., warrants a good, 1369, 1370.
notice of infirmity, 1360.
transfer without indorsing, 1353.
back to prior party, 1354.
transferee's title, presumption when shown defective, 1363.
usury, no bona fide indorser affected by, 1182.
valuable consideration presumed, 1328.
value, negotiability not affected by specifying, 1310.
what is, 1329.
who is holder for, 1330.
waiver of notice, etc., 1413, 1414.
of protest, etc., 1415.
of presentment dispensed with, when, 1386.
who not liable on, 1322.
words expressing sum differing from figures, effect, 1321.
written provisions, conflict with printed, 1321.
issue of marriage of, deemed legitimate, etc., 1296.
to be in writing in actions of debt, etc., 1271.
NEXT OF KIN-
distribution of estates to, 373–391.
NON COMPOS MENTIS (see Insane; Infants; Drunkards), 371-391.
NON EST FACTUM-
plea of, to be verified, 1534.
administration of estate of deceased, 260.
corporations may be proceeded against publication, 112.
unknown parties to be treated as, 110.
security to be given for costs in supreme court, etc., 175.
in suits before justice of the peace, 11, 26,
substitut ng publication for personal service, 105.
assignment of attorney to represent such defendant, etc., 109.
when allowed, 106.
form of order, 107.
guardian ad litem for infant, 108.
number of times to be published, etc., 108.
where defendant infant or non compos, 109.
witnesses to wills, etc., 132.
acknowledgment of deeds by, pp. 418, 419.
appointment, tenure, duties, etc., 558–573.
appointment shall not bar him from practice as attorney, etc., 558.
duties and powers as to negotiable instruments, 565, 566.
fees to be charged, 571.
fees, penalty for taking higher, 572.
in States and Territories, shall have same power as United States commissioners,
in States and Territories, seal shall be evidence of authority, 337, 562.
penalty for false acknowledgments, etc., 845, 846.
penalty for false personation, 859.
protest, what it must state, 567.
records, disposition of, in case of death, etc., 573.
records, copy of, shall be evidence, 570.
shall take oath and give bond, 561.
shall not perform any official acts in matters in which he is interested, 558.
shall file his signature and impression of his seal, 563.
term of, 559.
NOTES (see Negotiable instruments)-
provisions with reference to, 1304–1493.
embezzlement of note, not delivered, 834, 835, 718.
agreement with tenant as to length of, under a lease not affected, 1236, 1238.
applications for letters of administration, 289.
applications for charter from Congress, 767.
appraisement of decedent's estate to be given, etc., 312.
creditors to receive, of assignments, etc., 443, 446.
of time and place of distribution of decedent's estate, 345.
to file claims against decedent's estate, 350.
in condemnation proceedings, 487, 1613.
in dissolution of corporations, 770.
intention to hold a lien on property, etc., to be filed in clerk's office, 1238, 1241,
to owner, etc., 1241.
to defraud creditors, what effect, 1120.
to defraud purchasers, what effect, 1121.
of dishonor, etc., 1393, etc.
in proceedings for change of name, 1299.
marshal to serve, of jurors' selection, 218.
publication of, in case of probate of will, etc., 130, 140.
in case of nonresident corporations, 111, 1537.
unknown heirs, 110.
in re sale of attached property, 1085.
under mortgage, 539.
to enforce lien, 1619, 1620.
in re writ of quo warranto, 1542.
report and proof of, 351.
to be substítuted for personal service of process, etc., 105.
service of, in case of attachment, etc., 446.
taking of testimony, when not necessary, of nonresident attesting witnesses to
time and place of taking depositions de bene esse, 1058.
to quit, when, 1219.
can not be recalled, 1222.
service of, 1223.
when not necessary on expiration of lease, 1218.
trial of issues as to wills, etc., 140.
waiver of, 135.
in application for writ of error, 227.
all laws relating to abatement of, remain in force, 1636.
words importing singular and plural,
valid when, 1634.