DISCREPANCY,

between amount in words and figures, 53, 55, 56, 71.

DISHONOR,

meaning of, 153.

by non-acceptance, 153, 154.

by non-payment, 168.

notice of, 168-170.

knowledge of, not sufficient without notice, 166, 173.

DISHONORED BILL,

holder in due course taking, 121.

holder with notice, taking, 140-143.

DIVIDEND WARRANT, 271.

DRAWEE,

meaning of, 32, 35.

bill must be addressed to, 34, 35.

bill may be drawn payable to, 43, 44.

where drawer and drawee are the same person, 44, 254.

a fictitious person, 44-46, 98, 150, 164, 167, 178, 179, 182, 183.

a person not having capacity to contract, 44-46, 87, 150, 178, 179,183.
must be named with reasonable certainty, 46-47.

when wrongly designated, 67.

DRAWER,

meaning of, 32, 34, 44.

bill may be drawn payable to, 43, 44, 193.

where drawer and drawee are the same person, 44, 254.

a fictitious person, 44, 98.

signature of, necessary, 34, 92.

indorser is in the nature of a new, 132, 137, 264.

as to filling in drawer's name in a blank acceptance, 76-80.
contract of, 195, 196.

may insert stipulation negativing or limiting his liability, 65.
waiving holder's duties as regards himself, 65, 66.

may be compelled to give duplicate bill, 225.

of cheque when discharged by delay in presentment, 239-242.

DRUNKARD,

bill or note by, 87.

DURESS,

is a defect of title, 121.

on proof of, holder must shew consideration, 126.

EFFECTS, WANT OF,

in drawee's hands, excuses presentment for payment as against the
drawer, 164, 167.

excuses notice of dishonor, 178, 183.

EFFECTS, WANT OF-Continued.

excuses protest, 185.

no excuse where drawer has reasonable belief that the bill would not
be paid, 164, 166.

where effects are on their way to drawee at maturity of bill, 179.

EQUITIES ON THE INSTRUMENT. See Overdue and Dishonored Bills and

Notes.

ESTOPPEL,

as to inchoate instruments, 70-72, 76-79.

by drawing, 195, 196.

by acceptance, 193.

by delivery, 81.

by indorsing, 196, 198.

by making a note, 262.

in cases of forgery, 99-101, 194.

EVIDENCE,

presumptive, 77, 84, 86, 128.

conclusive, 81, 85, 193, 195, 196, 198.
not admissible to vary bill or note, 33.

EXCHANGE,

foreign bill payable in Canada, 200, 201.

bill payable according to an indicated rate of exchange, 53, 55.

EXECUTORS,

parties to bills, 67, 83, 101, 108, 136.

FEES,

tariff of notarial, 270.

FICTITIOUS PERSON,

payee, 48, 50, 98, 195.

drawee, 44, 45, 98, 150, 164, 167, 178, 179, 182, 183, 195.

drawer, 44, 194.

FIGURES AND WORDS,

discrepancies between, 53, 55, 56, 71.

FORCE AND FEAR,

is a defect of title, 86.

FOREIGN BILLS AND NOTES,

definition of, 41-43, 252.

what law governs contract, 200, 227-237.
protest of, 184, 187.

is the only legal notice of dishonor of, 187.

damages on, 200.

FOREIGN LAWS.

what countries are foreign to the forum, 41, 229.

conflict of laws, 227-237.

revenue laws not recognized, 228, 230.

codes on bills and notes, 15-20.

FORGERY. See Alteration.

definition of, 97-102, 216.

bill drawn in fictitious names is, 46.

no title can be derived through, 97-99.

estoppel, when bill accepted in blank, 80, 99, 100.

party with notice of forgery, lying by, 99.

caused by negligence, 77-79, 101, 216.

may be ratified, 99-101, 215.

bank's duty to know customer's signature on cheque, 238.
what a party transfering bill, note or cheque, warrants, 202.
remedy on forged instrument, 97, 101, 239.

FRAUD. See Alteration of Bill or Note.

fraudulent bill or note, 79, 126, 129.

notice of, 121, 122, 125.

in filling in amount, 79.

in filling in drawer's name in a firm's bill fraudulently accepted, 77.

in altering marginal figures in blank acceptance, 56, 72.

in altering a bank note, 99, 217.

fraudulent indorsement, 99.

FUND,

bill or note payable out of particular fund, is conditional, 32, 39.
indication of a particular fund, is not conditional, 32, 39.

GOOD FAITH,

negligence does not destroy, 121, 122, 216, 240, 264-266.
nor means of knowledge, 123.

GUARANTOR, See Aval.

liable on bill or note without presentment to maker, 190.
not entitled to notice of dishonor, 182.

HISTORY OF THE LAW OF BILLS OF EXCHANGE, 3, 25.

HOLDER,

meaning of, 29, 59, 121.

may sue on bill, 144.

when title defective, 121, 123-125.

is a holder for value if value has once been given, 125.
with defective title may negotiate the bill, 144.

HOLDER IN DUE COURSE,

who is, 121-126.

holder deriving his title through a, 121, 125, 145.

HOLDER IN DUE COURSE-Continued.

every holder prima facie deemed a, 29, 59, 121, 126-128.
holds the bill free from defects of title, 83, 121, 125, 145.

free from certain personal defences, 145, 193, 195.
altered bill according to original tenor, 215, 216.

how cancellation affects a, 214.

HOLIDAYS, 61, 267. See Business Days.

HONOR Supra Protest,

acceptance for, 219-222.

payment for, 222-224.

HOURS, REASONABLE, 158, 160.

ILLEGAL CONSIDERATION,

illegal consideration makes title defective, 121, 123-125.

bill given for, in hands of holder deriving title through a holder in

due course, 125.

IMMEDIATE AND REMOTE PARTIES, 80, 83.

INCHOATE INSTRUMENTS,

authority to fill in blank paper, 59, 70, 71, 76-80.
time within which it must be filled in, 76, 79.

INDEMNITY,

on giving duplicate bill, 224-225.

in action on lost bill, 225.

INDORSEMENT,

meaning of, 30, 134, 135.

forms of, 135.

indorser is in the nature of a surety, 137.

indorser is in the nature of a new drawer, 137, 264.

transferor may be compelled to indorse, 133, 225.

signature essential to, 134, 135.

signature on blank paper, 76-80.

may be on any part of bill, 134, 137.

on copy, 134, 135.

on allonge, 134, 135.

must be of the entire bill, 134, 135.

indorser's contract revocable till delivery, 80, 81, 131, 135.

misspelt indorsement, 134, 137.

is a guarantee of prior signatures, 137, 195, 198.

may negative or limit liability, 65.

transfer without, 131, 133.

after death of payee, 83, 133.

by partner. See Partner.

INDORSEMENT-Continued.

indorsement to two or more severally, 134, 136.

presumed order of, where two or more indorsements, 134, 137, 144,

198, 209.

special indorsement, 135, 138.

restrictive indorsements, 139, 140.

conditional indorsement, may be disregarded by payer, 138.

blank indorsement converted into special, 138, 139.

after indorsement in blank, bill payable to bearer, 51.

waiving holder's duties as against indorser, 65.

fraudulent, 99.

effect of indorsing an overdue bill, 56, 57, 141.
effect of indorsing an incomplete bill, 76-80.
indorsement of bill back to prior party, 143.
contract and liability of indorser, 195, 196, 197.

liability of stranger signing bill, 68, 93, 198-200, 209.

bank paying on forged indorsement, 97, 101, 238.

striking out indorsements, 204, 208, 209.

effect of indorsing note payable to maker's order, 251, 254.
contribution between indorsers.

INFANT,

capacity to contract, 87, 88, 91.

See Surety.

liability on bill drawn during infancy, but accepted after, 91.
transfer of title by, 87, 91, 92.

INITIALS,

signature by, 35, 75.

necessary to uncross a cheque, 247.

INLAND BILL OR NOTE,

what bill is, 41-43.

what note is, 231, 233, 252, 255.

INSTALMENTS,

bill or note payable by, 53, 54.

days of grace on such bill or note, 54.

INTEREST,

bill or note payable with interest, 53, 54.

from what time interest runs when expressed, 54.

when not expressed, 54.

when recoverable, 200-202.
usurious, 129.

INTERPRETATION,

of terms used in Act, 23-31.

of crossing cheques, 244-247.