페이지 이미지
PDF
ePub

Bank

1

Continued

Index to Annotation

[References are to pages]

[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small]
[blocks in formation]

alterations in date of, 151

a negotiable instrument, 15
bank receiving check from deposi-
tor, obligation to present for
payment, 180

death of drawer of check, 185
effect as an appropriation, 185
effect as assignment of debt, 185
forged, general liability of bank
for payment of, 186

forged, recovery by bank of pay-
ments made on, 187

forgery, payee's indorsement, 187
indorsement, absence of, 186
nature of, 178

notice to stop payment, 185
presentment, failure to present,
179

presentment for payment, 105
presentment, necessity of damage
for discharge of maker, 178
presentment, what constitutes rea-
sonable time, 179

vouchers returned by bank, duty to
examine, 188

vouchers returned to officer forging
corporate check, 188

waiver of presentment by drawer,
180

Check, certification

certification procured by another
bank, 183

check not delivered, 181
discharge of debt, 183
discharge of drawer, 181
drawer discharged by, 182
effect in general, 181

forgery of check before certifica-
tion, 183

indorsement, necessity of, 181
insolvency of bank, 182'
liability to holder, 182

mistake, 183

[blocks in formation]
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small]

generally, 45

gratitude, 45

inadequacy in amount, 49

negotiable note substituted for
non-negotiable note, 46
placing proceeds of note to credit
of depositor, 46

presumption of, see Presumption of
consideration

Construction of ambiguous instru-
ment, see Ambiguous instrument
Constructive delivery defined, 10
Corporate bonds, as negotiable in-
struments, 15

Corporate note not countersigned by
treasurer, 37
Corporation -

accommodation indorser, 39, 83
accommodation party, 52
bill drawn on itself, 156
corporate note, form, 38

note not countersigned by treas-
urer, 37

signing by officer of corporation, 37
waiver of notice of dishonor, 136
Coupons, as negotiable instruments,
15
Date -

[blocks in formation]

Definitions

constructive delivery, 10
delivery, 9

Definitions (bill of exchange) –
check distinguished, 154
common law definition, 154
conflict of laws, 154

order payable out of particular
fund, 154

promissory note distinguished, 154
Delivery

allegation of, 33

certificate of deposit, 32

conditional, as against holder in
due course, 32

conditional delivery, proof of, 32

condition different from that stated
in writings, 32

condition that party shall not be
liable, 33

constituents of delivery, 31

courts suspicious as to delivery, de-
fense of, application, 32
defined, 9

place of negotiation, condition as
to, 32

presumption of delivery from pos-
session, 31

relation to section thirty-four, 31
stolen instrument, 31

subsequent attachment of condi-
tion, 33

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]

conflict of laws, 87

contracts of parties as separate, 87
damages, 87

liability of payee to drawer, 87
re-exchange as damages, 88
undertaking by drawer, 87
Executor -

acceptance, personal liability, 63
liability as indorser, 100

notice of dishonor, informal notifi-
cation, 127

notice of dishonor to, 127
signing by one or several, 37

waiver of notice of dishonor, 137

Failure of consideration

between original parties, 50
failure to establish, 51

failure to pay note exchanged for
note of other party, 51
holder in due course, 51
inadequacy of consideration, 51
pleading, want of consideration, 51
transferee not holder in due course,

Fictitious name, see Trade or as-
sumed name

Filling in blanks-

amount in blank, 29

authority, rebuttal of presumption,

28

burden of proof, 28

distinction as to complete instru-
ment with blanks, 28

filled within reasonable time, 28
implied authority, doctrine of, 27
incomplete instrument,

rights, 28

payee, change in name, 29

place of payment, 29

time of maturity, 29

66

holder's

with interest," additional words,

29

Foreign bill of exchange —
construed, 156

foreign check, 156

Forgery

certification of check with forged
indorsement, 41

check, before certification, 183
check, general liability of bank for
payment of, 186

check, payee's indorsement, 187
check, recovery by bank of pay-
ments made on, 187
diversion of checks by, 40

forged check, payment by bank, 40
indorsement, 40

instruments payable to bearer, 40
travelers' checks, 40

Holder for value-

distinguished from holder in due

course, 49
pledge, 50

security for rent, 49

Holder in due course-

alteration in instrument, 68
checks, 78

common law history, 77

completeness of the instrument, 68
denial that plaintiff is holder in
due course, 70

[blocks in formation]
[blocks in formation]

Index to Annotation

[References are to pages]

Continued

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small]

Indorsement — Continued
ratification of act of one payee in、
dorsing for both, 62

representative capacity, construc-
tion of indorsement, 63

time, of, rebuttal of presumption,
63

transfer without, see Transfer
without indorsement

"without recourse," as payment, 61
"without recourse," parol evidence,
61
Indorsement, qualified, warranty, see
Warranty, negotiation by delivery
or qualified indorsement

Indorser, irregular, liability of ac-
commodation of payee, 92
burden of proof, 92

indorsement after delivery, 92
indorsement of raised draft, 92
note payable to maker, 92
parol evidence, 92

prior as to status of irregular in-
dorser, 91

rebuttal of presumption of liabil-
ity to payee, 92

rule changed by statute, 91

Indorsers, order in which liable, see
Order in which indorsers are liable
Insertion of date-

day of month blank, 26
former rule, 26
Interpretation

certificate of deposit, 14
check, 15

collection fees, provision for, 15
corporate bonds, 15

[blocks in formation]

Index to Annotation

[References are to pages]

Liability of indorser, order in which
liable, see Order in which indorsers
are liable

Liability of irregular indorser, see
Indorser, irregular, liability of
Liability of maker, see Maker's lia-
bility

-

Liability of accomodation party-
collateral security given by maker,
maker, 115

indorser not a surety, 115
set-off by indorser, 115
Liability of persons signing in repre-
sentative capacity
administrator, 38
corporate note, 38

joint note signed by both principal
and agent, 37

knowledge of payee that agent was
not personally bound, 37
officer of corporation, 37
trustees, 38

unauthorized agent, 38
Liability, primary

accommodation maker, 11

offset in equity by indorser, 11
Maker's liability

-

obligation to accommodation payee,
86

parol evidence to change relation,
86

payee fictitious, 87

Municipal bonds, as negotiable in-
struments, 15
Negotiability-

date, absence of, 21

election to convert note into bond,
20

election to receive goods in lieu of
money, 20

election to receive stock for rail-
way note, 20

joint stock association bonds, 18
note containing statement of trans-
action, 18

note drawn on particular fund, 17
ncte secured by contract of condi-
tional sale, 18

order payable out of particular
fund, 17

payable in merchandise or any-
thing except money, 21

sale of collateral provided for, 20
Negotiable Instruments Law

codification of the law merchant, 8
construction in furtherance of uni-
formity, 8

history of uniform negotiable in-
struments law,
Negotiation (see also Ownership) —
denial of for value, 58
Negotiation by delivery, warranty,
see Warranty, negotiation by de-
livery or qualified indorsement

[blocks in formation]
« 이전계속 »