Page images

how to be treated, 43
AMOUNT. See Sum Payable.


consideration for instrument, 32


presentment for acceptance or payment to, 116
notice of dishonor to, 148-149


cannot bind his partner by bill, 64,207


definition of, 48


to fill up blank instruments, 46,47
to complete cannot be implied, 48
See Agent-Partner.


defined, 8,208

when must refuse to honor cheque, 26

liability as drawee of cheque, 67,68
obligation to pay customer's cheque, 67

duties in case cheque drawn in breach of trust, 68

entitled to reasonable time to carry money to customer's credit,


may refuse to cash cheque when drawn to more than balance at
branch bank, 69

duty only to pay cheque at branch on which drawn, 114
liability for negligently dealing with bill presented for payment,


paying cheque purporting to be indorsed by payee, 126

duties as to paying crossed cheque, 183,184

collecting crossed cheque, 185,186

[blocks in formation]


definition of, 188

Stamp Act does not contemplate more than set of three, 189
holder of first acquired part entitled to all, 190

penalty under Stamp Act for not drawing full set, 213

stamp on, 214
origin of, 12

definition of, 19

includes a hundi and cheque, 208,220

parties to, 19

registration of, 19

compared with note, 20

by Lord Mansfield, 21

must be for payment of money alone and unconditionally, 20
a sum certain, 20

payee of, must be certain, 20

omission of date, 22

not admissible in evidence unless properly stamped, 22,211
limitation as to, 22,220-222

inland and foreign, defined, 37

when, may be treated as note, 43

inchoate, 44-48

maturity of, 49-51

authority of partner to bind by, 63,64,207
lost, rights on, 123

discharges from liability on, 124-126,128-137
noting and protesting of, 158-165
acceptance and payment for honor, 169–173

by drawee in case of need, 173
presumption as to consideration for, 176,177
date of drawing, 176

acceptance, 176

that transfer was before maturity, 176
lost, was duly stamped, 176

holder of, is holder in due course, 176

may be drawn in sets, 188-190
penalty for not drawing full set, 213
international law relating to, 190–195
how to be stamped, 209

penalty on post-dated, 213

stamp on, 214-216

rules of Governor-General as to stamping, 218,219
who may be joined as parties to suit on, 223



may be taken in execution of decree and sold, 225,226

summary suit on, 226-228

forms of plaints on, 228,237

protests, 239-241

See Acceptance-Acceptor-Alteration-Civil Procedure Code.
Delivery-Discharges from Liability.

Drawee-Estoppel-Holder-Hundi-Inchoate Instrument.
Notice of Dishonor-Payment—Presentment.
Promissory note- Protest.

BILLS OF EXCHANGE ACTS (VI of 1840; V of 1866,45 & 46 Vic. c. 61).
references to in text, 163,196, App. B.

signatures on, stamped paper, 44-48
filling up, in bill or note, 45-47
authority to fill up, 46

effect of fraudulently filling up, 48
effect when bill indorsed in, 96
indorsement in, followed by full, 97

holder, 31

presumption in favor of, holder, 176,177
See Holder


notice of dishonor sent through, 153
See Banker.


presentment must be within, 109

what are, 110


by holder striking out indorsements intentionally, 82,124
by mistake, 82

of acceptance before delivery, 88

by holder of acceptor's name, 124

by destruction of instrument, 138,139
of adhesive stamps, 209


to make, &c., negotiable instruments, 53
of alien enemies, 53

company or corporation, 53,57

drunkard, 55

lunatic, 55

of married women, 54
minor, 53,56

CARELESSNESS in taking bill. See Negligence.
CASE OF NEED. See Drawee in Case of Need.
English term, 27

not applicable to notes or cheques, 27


as to time and fact of payment of instrument, 12,13

sum payable, 15,20

payee, 16,20


defined, 22,23,208

Lord Wensleydale's definition of, 24

compared with bill, 23

is never accepted, 23

can only be drawn payable on demand, 22,23
date of, 24

post-dated is equivalent to bill, 24

not invalid, 24

presentment to charge drawer, 25,114
other parties, 25

when paid, is discharge of debt, 25

payment of lost or stolen, 25

who must draw, when account in name of more than one, not

being partners, 25

taken in payment of debt, 26

of person, who is dead, 26

insolvent, 26
lunatic, 26

under sentence of forfeiture of property,

when banker must refuse to onor, 26
stamp on, 26,214

may be stamped with adhesive stamp, 209
power of drawee to stamp after issue, 26,211
penalty for negotiating unstamped, 26,212

skeleton cheques may be impressed with stamp, 26
the only drawee of, is a banker, 67

relations between banker and drawer of, 68

no privity between banker and holder of, 69

not an equitable assignment of debt, 70

what is an over-due, 102

what is reasonable time for presentment of, 114,115,166



consequence of holder of, failing to present within reasonable
time, 126

payment of when indorsement of, purports to be by payee, 126
alteration or crossing not apparent, 137

included in bill of exchange, 220

limitation as to, 220-222

See Alteration-Crossed Cheque-Payment-Presentment.


assignment of,*39

See Instrument.


references to in text, 30,37,121,123,149,174

appendix, 223–238

joinder in suit of parties liable on bill or note, 223

suit to include whole claim, 223

obligation and collateral security one cause of action, 223

rules as to production of documents relied on with plaint, 223
list of documents, production of which plaintiff requires, to be
filed with plaint, 223

effect of non-production of documents, 224
suit on lost negotiable instrument, 224
decree may order payment of interest, 224
by instalments, 224

decree for indorsement of negotiable instrument, 225
attachment and sale of negotiable instruments, 225,226
institution of summary suit on bills and notes, 226
leave to defend may be given on showing merits, 227
power to set aside decree and execution, 227

deposit of bill in Court and stay of proceedings, 227
recovery of noting expenses, 227

what Courts may entertain summary suits, 228
procedure to be followed, 228

forms of plaints on negotiable instruments, 228-237
of concise statements, 237-238

of summons in summary suit, 238


authority to draw or indorse when may be implied, 62
employer must give notice of determination of authority, 65
presentment to, at place of business, 105

notice of dishonor to, 148

« PreviousContinue »