MARRIED WOMAN.—(See " Feme Covert.") MASTER, REFERENCE TO. (See "Reference to Master.") MEMORANDUM, effect of it on the back of a note or bill, or separate paper, 59. 61. MERCHANTS.-(See "Bills of Exchange.") inland bills formerly valid only between merchant and merchant, 16. judges may consult them in new cases, 122. 345. MISDEMEANOR, compounding of, not a legal consideration, 96. MISDESCRIPTION (See "Misnomer.") of payee of a bill, where it will not vitiate, 83. 498. in address of a letter, no excuse for delay in notice, 273. MISNOMER. (See " Misdescription.") if the name of a party to a bill is mis-spelt in declaration, when it is in a count for usury, 452. what misnomers have been held as not fatal, 453. [502. in respect to indorser between declaration and evidence, immaterial, MIS-SPELLING of a name in drawing a bill may be rectified by parol evidence, 82. MISTAKE in directing a letter, no excuse for delay in notice, 273. MIS-STATEMENT in declaration, how taken advantage of, 477.-(See "Demurrer.") MONEY COUNTS.-- (See " Declaration.") the utility of, and when applicable in case of bills and notes, 468 to MONEY HAD AND RECEIVED, when money recoverable back, 307. 389. 390, 1. MONEY, PAYMENT OF INTO COURT, admits validity of bill or note, and sufficiency of stamp, 487, 491, 497. admits holder's title, 508. MONTH, means calendar in case of bills and notes, 343. how calculated as to time of payment of bills and notes, 337. 343 MUTUAL CREDIT.-(See "Set-off," "Bankruptcy.") general observations, and 5 Geo. 2. c. 30. s. 28, 607 to 609. MUTUAL CREDIT-(continued). in what right due, 612. time when the mutual debts or credits arose, 614. 66 NAME. (See “ Misdescription,” “Misnomer," " Mis-spelling.") NAVY BILL, consequence of their being misapplied by banker or agent, 146, 7. NEGOTIABILITY, not essential to validity of a bill or note, 85, 6. 140. what words usual and essential to make bill or note negotiable, 85, 6. 140 to 144. NEGOTIATION, a bill or note cannot be altered after it was perfected, and complete an exchange of acceptances is, 135. delivery of a bill to drawee by drawer to be accepted is not, 136. of a bill or note may be restrained by a court of equity, but not by NEW STYLE.-(See " Style.") of old and new style where they prevail, 336, 7. NOLLE PROSEQUI must be entered to other counts after demurrer to the one on a bill and NON-ACCEPTANCE. (See " Notice of Non-acceptance," "Protest.") party arrested, and giving a draft in payment which is dishonored, may if a person take a bill from drawer in payment of goods sold on non- and it is sufficient in such action for drawer to prove the presentment without shewing that bill was protested, or that drawer had notice, 299. [299. parties to bill protested for non-acceptance, liable to pay principal, when a note is payable according to a course of exchange, what lia- and if a party to a bill is discharged by foreign laws where bill was if holder omits to give notice of when made, the other parties dis- NON-PAYMENT.-(Sce" Notice of Non-payment, "Protest.") bill should, if foreign, be protested, and notice of dishonor given NOTARY PUBLIC, his office and duty in general, 279. his duty when protesting a bill for non-acceptance, 279, 80. demand of payment must be made by him before protest is com and this demand must be made by the notary himself, and cannot acceptance supra protest must be made in presence of, 312. cannot protest a bill for non-payment by a banker, if present- and no inference that bill was presented in due time is to be drawn doubtful whether clerk of, can protest under 9 & 10 W. 3. c. 17, unsettled whether can note a bill for non-payment on day of re- if a bill be presented at a bankers by a notary after five o'clock, on payment of a bill for honor of another, a declaration should protest under seal of notary made abroad, proves itself, 517. table of fees of office, Appendix, 653 to 655. NOTES. (See "Promissory Notes," "Bankers Notes," "Cash Notes.") NOTICE IN GENERAL, notice of determining agent's authority, what to be given, 35.-(See express notice to creditor from several partners, disavowing authority notice of dissolution of partnership, what to be given, 50. not necessary to be given of indorsements, 181. should be given of loss of bill or note, 195.-(See "Loss of Bill.") should be given when holder protests bill, because drawee has abscond- of taxing in K. B. unnecessary, if defendant wish to obtain a rule he of prothonotaries appointment to compute must be given in C. P. 475. but this does not extend to trover for a note, or an indictment for NOTICE OF DISSOLUTION OF PARTNERSHIP.-(Sce " Partners.") not necessary where dormant partner withdraws his name, 48. one partner refusing to sign a notice, the rest may file a bill, 51. NOTICE TO PRODUCE BILL should be given when acceptor detains it, and is sued on it, 181. 485. NOTICE TO PRODUCE A LETTER, &c. containing notice of dishonor, must formerly have been given before on such notice given, what is evidence that notice of dishonor was re- in order to establish usury as a defence, in discounting another bill be- NOTICE TO PROVE CONSIDERATION should be given when consideration to be disputed on trial, 89, 191, 511. but plaintiff will not be called on to prove consideration, even after this this notice not required, if defendant can make out a strong case of NOTICE OF NON-ACCEPTANCE. (See " Protest.") When necessary, and consequence of not giving it, 256 to 278. if bill be presented for acceptance, although unnecessarily, and re- the reason why the law requires notice to be given, 257. but where acceptor gives only a partial acceptance, how far notice but such notice should express the nature of the acceptance, 238. What excuses omission of it, 258 to 278. no damage sustained, is no excuse for omission of notice, 258. NOTICE OF NON-ACCEPTANCE-(continued). the same where bill accepted for accommodation of drawer, 258. no excuse for not giving notice to the indorser that acceptor had no no consideration given for a bill between indorser and another, and but when payee has, and drawer has not, effects in drawee's hands, payee of note, lending name to give it credit, is entitled to notice, but payee lending name, and taking effects of drawer's to answer bill drawn for accommodation of remote indorsee, and prior names indorser of note to guarantee debt due from maker, is entitled to a person, though no party to the bill, but who has guaranteed the but if the party to such bill or note, becomes insolvent or abank. apprehension on the part of the drawer, and certain acts done in knowledge on the part of the drawer that bill would be dishonored, when want of effects in drawee's hands, excuses omission of no- effects of drawer in drawee's hands, not always essential to entitle goods shipped by drawer to drawce, and bill drawn on drawee be bonâ fide reasonable expectation that bill will be honored, entitles if vendor of goods sold upon a credit, draw a bill on vendee, pay- this rule will extend to the drawer or indorser of a bill, and indor. the same rule extends if drawee is in prison, 272. and such omission of notice will defeat plaintiff's claim, either at drawee telling drawer that he could not honor bill, does not excuse and money paid by a third person to take up a bill, after neglect given by letter, which was mis-directed, how far it will operate, what excuses neglect to give immediate notice, 274, 5, 6. |