COERCION, instrument obtained under invalid, 34 See Fraud. COINCIDENCE of Liability and Right of Action, is discharge of acceptor, 140 COMPANIES ACT (VI of 1882) references to in text, 15,57 COMPENSATION, rules as to, when instrument dishonored, 174,175 of time of payment of note or bill, 49–52 of sum payable for purposes of Stamp Act, 210 CONCISE STATEMENTS, of plaints, under Civil Procedure Code, forms of, 237,238 note or bill, 13,20 delivery, of instrument absolute in form, 89 indorsement, 95 acceptance, 129 CONSIDERATION, statement of in instrument, 18 presumption as to, 19,22,176,177 definition of, 32,200 illustrations of what is, 32 adequacy or inadequacy of, 34 absence or want of, 83 illegal or fraudulent, 85,98 partial absence or failure of, not being money, 86 affecting, stamp duty, to be set out in instrument, 211 penalty for omitting so to do, 213 CONSTRUCTIVE DELIVERY, 87,88 CONTINGENCY, instrument must not be payable on, 13 CONTRACT ACT (IX of 1872) references to in text, 32, 34, 36, 53, 56, 60—65, 71, 80, 81, 119 CORPORATION, effect of affixing seal of, to negotiable instrument, 14 capacity of, to incur liability, 57, 59 not empowered by Act to make, &c., negotiable instrument, 58, 59 power to transfer negotiable instruments, 60 of drawer, revocation of bankers' authority, 26 of person to accept or pay bill, 116 on, of holder, legal representative cannot negotiate by mere delivery, 9 DEATH-continued. of person, to whom notice of dishonor sent, 148,153 DEBT, effect of taking cheque in payment of, 25 pre-existing as consideration for note or bill, 32 DEFINITIONS of terms used in the Act, 11-49 DELIVERY, necessary, to complete note, bill, acceptance, or indorsement, 15, of inchoate instrument, 47 by legal representative, 67,98 constructive, 87,88 negotiation by, 87,89 must be with intent to pass property in the instrument, 89 DEMAND, what instruments are payable on, 44 instruments, are negotiated by delivery, 89 not necessary to present note payable on demand, 108 limitation, 221 DESTRUCTION, of instrument with intention of cancelling, 138,139 DISCHARGES FROM LIABILITY, by dealings with principal debtor, 80 release of one of two joint promisors not a discharge of both, by allowing drawee more than twenty-four hours to deliberate payment, 124 cancellation, 124 release or satisfaction in other ways, 124,125 not presenting cheque, if drawer damaged, 126 payment of cheque, purporting to be indorsed by payee, 126 by alteration of instrument, 130-135 acceptor holding bill at maturity in his own right, 140 DISHONOR, where drawee cannot be found for presentment of bill payable DISHONOR-Continued. by non-acceptance, 141 non-payment, 142 drawee in case of need, 173 presumed on proof of protest, 179 law governing, of foreign instrument, 194 DRAWEE, defined, 26 may accept by agent, 60 of cheque is a banker, 67 his liability, 67-69 how banker differs from ordinary, 68 his relations with drawer, 68 can alone be bound by acceptance, 72 who is not, 72 revocation of acceptance by, 88,108 entitled to retain bill for twenty-four hours to deliberate to whom presentment to be made when, dead or insolvent, 116 his liability when unable to return bill, 108 See Acceptor-Banker-Cheque-Discharge from Liability-Pre- sentment. DRAWEE IN CASE OF NEED, defined, 27 necessity for presentment to, 27,107 acceptance or payment by, may be without protest, 27,173 DRAWER, place of signature of, 14 signature of, may be by mark, 14 lithographed, 15 by initials, 15 of bill, surety for acceptor, 21 defined, 26 distinguished from maker of note, 27 signature of by agent, 60,62 general liability of, 67 relations with drawee, 68 of accommodation bill, 71,84 is a principal debtor, 76 of fictitious bill, 83 DRAWER-Continued. stands in immediate relation to acceptor, 85 when not liable, 126 discharged by payment in due course, 124 release, 125 material alteration of instrument, 130–135 See Notice of Dishonor. DRUNKENNESS, effect of, on contract, 55 DUE COURSE, who is holder in, 31,34 payment in, what it is, 34-36 See Holder in Due Course-Payment. DUPLICATE, of hundi, 7,189 EQUITIES, attaching to over due bill, 101 ERASURE, instrument containing, effect of payment of, when not apparent, unstamped or improperly stamped instrument inadmissible in, except in criminal proceedings, 211 as to character and liability of parties to instrument inter se, 71 EVIDENCE ACT (I of 1872.) references to in text, 2,9,90,137,177,180 EXCHANGE, bill may be payable according to, 20 stamp in case bill so payable, 210 |