PLACE-continued.

Of Payment:

PLEDGE,

indication of, 13, 15

alternative, 15

alteration or insertion of, without authority, 215, 216
due date determined by law of, 244

acceptance restricted as to, 47, 48. See Qualified
Acceptance.

note under £20 payable to bearer, 262, 263

indicated in body of note, 268, 269

indicated by memorandum on note, 269

presentment for payment of bill, where none indicated,

145, 146

rule of distantia loci, 15

as consideration for bill, 85, 86

rights and duties of pledgee, 86, 144

POSSESSION,

actual and constructive, 4, 5

what change of constitutes delivery, 4, 52, 53

necessity for holder having, 6, 124, 125

bearer or holder and mere possessor distinguished, 5, 6, 103
-105

what sufficient to support action on bill payable to bearer,

124

POST-DATING,

bill, cheque, or note, 33, 275

See Cheque.

POST OFFICE,

agent of sender or recipient, 53

property in half-note sent through, 53

notice of dishonour sent through, 155, 164, 165

presentment for acceptance through, 137

payment through, 147

miscarriage of, 163, 165

POST OFFICE ORDER,

not a negotiable instrument, 323, 324

POTHIER,

authority of, in England, Introd., p. 1.

PRE-EXISTING DEBT OR LIABILITY,
as consideration for bill, 80, 81

PREMATURE,

presentment for payment, 142, n.

payment or other discharge, 203

PRESCRIPTION,

foreign laws as to, 243, 292. See Limitations.

PRESENTMENT FOR ACCEPTANCE,

when necessary, 131, 132

when optional, 131

consequence of omission when necessary, 131-133

object of, when optional, 132

duty of agent, 132

time for, when bill payable after sight, 133

domiciled bill coming forward late, 132, 133
time in other cases, 136

by whom to be made, 135

to whom and when, 135, 136

day and hour, 135

several drawees, 136

if drawee dead or bankrupt, 137

when through post office, 137

how long drawee may take to consider, 138

excuses for non-presentment, 137

informality, when excused, 137, 138

dishonour, and its consequences, 139

compared with presentment for payment, 137

when merged in presentment for payment, 136

re-presentment after dishonour, 45

conflict of laws, 243

PRESENTMENT FOR PAYMENT,

whether person presenting bound to prove identity, 202,

203

whether person presenting warrants title, 208

duty of collecting agent, 144

protection to banker presenting crossed cheque for customer,
259

foreign law, and conflict of laws, 243

To charge Drawer or Indorsers, 141-152

consequence of omission, 141, 142, 247, 249

contrasted with presentment for acceptance, 137

PRESENTMENT FOR PAYMENT-continued.

To charge Drawer or Indorsers-continued.

at what time bill payable on demand, 142, 143
note payable on demand, 267

cheque, 142, 246

other bills and notes, 142

on what days, 143, 144

at what hours, 143, 144

by whom, 143

production of bill, 178

at what place, 145, 146, 147

to whom, 144

several payors, 146

payor dead, 146, 147

through post office, 147

excuses for non-presentment, 149-151

excuses for delay, 148

dishonour and its consequences, 151. See Dishonour.

duty of collecting agent, 144, 248, 249

To charge other Parties:

acceptor, 176, 177

inaker of note, 177, 178, 268

guarantor, 152

person not party to bill, but liable on consideration, 152
To Acceptor for Honour or Case of Need, 229-232

consequence of omission, 230

time and mode, 229, 230

non-payment, 230

Crossed cheques, 256-259

PRESUMPTIONS. See Onus probandi-Estoppel.

PRINCIPAL AND AGENT,

Liability of Principal to Holder:

on instrument when un-named, 65

on consideration when un-named, 67
trading in name of agent, 67

name signed by agent, 67

procuration signature, 75, 76

draft on principal accepted by agent in his own name,
41, 42

bill addressed to agent accepted by principal, 41, 42
construction of signature, 42, 77

forged signature, 71-75

C.

E E

PRINCIPAL AND AGENT-continued.

Liability of Principal to Holder-continued.

ratification of forged or unauthorized signature, 72–74
estopped from disputing agent's authority, 67, 72–75
Liability of Agent to Holder:

agent known to be such signing his own name, 65, 66
procuration signature, 75

non-existing principal, 76

effect of representation of authority, 77

signature as agent or representative, 77, 78

bill drawn on principal accepted by agent in his own
name, 41, 42

agent accepted for principal, 41, 42

Liability of Principal to Agent:

indemnity to agent signing in his own name, 292
part owner indorsing to co-owner for collection, 56
Liability of Agent to Principal :

indorsing bill to principal, 96, 97

collecting agent for negligence, 132, 144

employment of sub-agent, 144

authority to take cheque or bill in payment, 304, n.

Existence and Effect of Agency:

infant agent, 63

wife indorsing as husband's agent, 61

evidence of agency, 275, 276

effect of notice to principal or agent, 90

bill held by bankrupt agent, 128

indorsee under restrictive indorsement, an agent, 113,
114, 115

drawer or indorser paying bill as acceptor's agent, 201,

204

drawee agent of holder to give notice of dishonour, 154
notice of dishonour given by agent in his own name,

154

agents to receive notice of dishonour, 159, 160

time for transmitting notice of dishonour through
agent, 162

when holder deemed agent of previous holder, 96

executor not agent of testator, 55. See Authority—
Branch Bank.

PRINCIPAL AND SURETY,

discharge of surety by certain dealings with principal, 218

PRINCIPAL AND SURETY-continued.

prima facie relationship of parties to bill inter se, 218
evidence to show real relationship, 57, 58, 59, 218
history of law of, as to bills, 220

principal subsequently becoming surety, 220

what amounts to giving time, 220, 221

reservation of rights when time given, 218, 219, 221

what amounts to discharge of principal, 222

discharge of co-surety, 222

severable contract of suretyship, 223

effect of renewal of bill, 218, 224

rights of surety compelled to pay to indemnity, 197, 198