paragraphs marked §.

BROKER.

transferring bill or note without disclosing agency is principal, 740a.
may expressly warrant genuineness of instrument, 740a.

may agree not to be liable for genuineness of instrument, 740a.
selling bill or note in his own name is bound as principal whether he
discloses principal or not, 740a.

contract in his own name in writing binds him, and parol evidence
is inadmissible to discharge him, 740a.

exception when his name is by adoption used to bind another, 740a.
evidence generally admissible to charge undisclosed principal, 740a.
but inadmissible to discharge agent contracting in his own name, 740a.
BURDEN OF PROOF. See EVIDENCE; BONA FIDE HOLDER; PARTNERSHIP,
as to partner's liability, 368, 369, 370.

mere possession of negotiable instrument under ostensible title suf-
ficient to recovery, 812.

proof of want of consideration, or misapplication of paper, does not
shift burden on plaintiff, 814.

when bearer must show he was not original payee, 814a.

what circumstances shift burden on plaintiff, 815.

what circumstances restore plaintiff's prima facie case, 819.
plaintiff not bound to prove negative, 819.

as to notice, II., 1047 to 1058.

signature, II., 1218.

payment, II., 1227 to 1229.

alteration, II., 1417 to 1421.

is upon defendant if he allege failure of consideration, 164.

CALENDAR MONTH. See MONTH.

CANCELLATION. See ACCEPTANCE.

effect of, 549.

when instrument regarded as cancelled and incapable of reissue, 549.
of instrument when paid, necessity of, 783a.

CASHIER. See CORPORATIONS.

authority of cashier of bank, 392.

effect of signature, "A. B., cashier," 417.
when payee is "A. B., cashier," II., 1188.

CAPACITY.

MARRIED

See INFANTS; LUNATICS; ALIENS; BANKRUPTS;
WOMEN; FIDUCIARIES; PERSONS UNDER GUARDIANSHIP.
maker warrants payee's capacity to indorse, 93, 136, 139, 227, 242.
acceptor warrants payee's capacity to indorse, 536.

drawer's capacity to draw, 585.

CAUSE OF ACTION. See ACTION.

is indivisible, II., 1186a.

what constitutes entire demand, II., 1186a.

CERTAINTIES OF NOTES OR BILLS.

of engagement to pay, 35, 36.

of fact of payment, 41.
amount to be paid, 53.
medium of payment, 56.

CERTIFICATE OF PROTEST.

See PROTEST.

lost certificate of deposit payable to order, unindorsed, II., 1481, note.
CERTIFICATES OF DEPOSIT.

lost certificate of deposit payable to order, unindorsed, II., 1481, note.
origin and nature of certificates of deposit, II., 1698.

is a promissory note for the payment of amount which it certifies to
be deposited in bank, II., 1698.

paragraphs marked §.

very similar to goldsmiths' or bankers' cash notes, II., 1698a.
Mr. Chitty's description of them, II., 1698a.

usual for depositor to take certificate of deposit if he wishes his fund
to run on interest, II., 1698a.

represents money to be held for depositor, II.,

1698a.

what Morse says as to power of banks to issue certificates of deposit,
II., 1699.

the criterion in such case is its authority to issue promissory notes or
drafts payable a certain time after date, II., 1699.

effect of signature by cashier in his individual capacity, II., 1699.
bank which pays amount of certificate to a bona fide holder on a
forged indorsement of depositor's name can not recover amount so
paid from depositor, II., 1700.

when certificate is signed by bank president in his own name, depos-
itor may show that the bank itself is bound, II., 1700.

transfer of certificate of deposit for a debt is presumably only condi-
tional payment, II., 1701.

if payment is refused, creditor may resort to the original considera-
tion, II., 1701.

but, query, when he makes use of it for his own purposes, not demand-
ing prompt payment, II., 1701.

transfers of certificates of deposit are governed by the rules which
obtain in other promissory notes, II., 1702.

if payable to bearer, may be transferred by delivery; if to order, must
be indorsed, II., 1702.

liability of indorser same as in other promissory notes, II., 1702.
if transferred when overdue, transferee takes it subject to equitable
defences, II., 1702, 1702a.

when regarded as overdue, II., 1702a.

certificates of deposit are negotiable if expressed in negotiable words,
II., 1703.

certificate which contains no word of promise to pay amount is only
a receipt, II., 1704.

and can not be basis of action against bank, nor a transferable
security, II., 1704.

the word "certify" is of no weight as purporting a contract, II., 1704.
where certificate is payable to 'A. B. or order," or to bearer, there
is no doubt of its negotiability, II., 1705.

to be negotiable, it must be certain in respect to parties and to time
and mode of payment, II., 1706.

whether negotiable in States where there are certain statutory acis
of negotiability, II., 1706a.

causes which deprive bills and notes of negotiability affect it in a
like manner, II., 1706.

for example, if payable "in currency' or "U. S. six per cent. inter-
est-bearing bonds," II., 1706.

when statute of limitations runs against, II., 1707.

true principles applicable, II., 1707a.

CERIFICATES OF RECEIVERS.

not regarded as negotiable, 50a.

CERTIFICATES OF STOCK.

1. Definition and nature of, II., 1708.

are not negotiable, 11., 1708.

are termed "quasi" negotiable, II., 1708.

are assignable, II., 1708.

are not debts, money, nor securities for money, II., 1708a.

are incorporeal personal property, II., 1708a.

are muniments of title, II., 1708a.

paragraphs marked §.

CERTIFICATES OF STOCK continued.

are choses in action, II., 1708a.

stockholders' interest subject to execution and attachment, II., 1708a.
usual method of levy, II., 1708a.

2. Beneficial interest generally passes by assignment and delivery, II., 17086.
between parties equitable interest transferable whatever be rights of
others, 11., 1708b.

statutory restrictions not generally applicable to immediate parties to
transfer, II., 1708b.

3. When corporate charter gives corporation lien on stock for debt of holder,
assignment can not defeat it, II., 1708c, 1708d.

corporation has no lien on stock for holder's debt at common law, II.,
1708d.

whether corporation may create such lien by by-laws, II., 1708d.
policy of law opposed to secret liens, II., 1708d.

when lien enforceable against parties with notice, II., 1708d.

notice of lien on face of certificate is effectual, II., 1708d.

4. Assignment of, defeats subsequent attachment or execution, II., 1708e.
assignment of certificate defeats subsequent assignment, II., 1708f.
usual method of transfer of, II., 1708g.

transfers by agents, under blank powers of attorney, II., 1708g.
holder trusting agent with blank powers of attorney to transfer, con-
fers apparent ownership of, II., 1708g.

such agent may pass good title to bona fide holder without notice,
although guilty of fraud, II., 1708g.

this doctrine rests on principles of estoppel, II., 1708g.

if certificate with blank assignment and power of attorney be lost or
stolen, purchaser can not acquire title, II., 1708g.

lis pendens does not apply te. II., 1708g.

sealed powers of attorney in blank not discussed, II., 1708g.

5. Corporation should require surrender of, before making transfer on books,
II., 1709.

else, may be liable to bona fide purchaser of certificates, II., 1709.

CERTIFICATES OF VALIDITY.

effect of, 862.

CERTIFICATION OF CHECKS. See CHECKS.

CERTIFIED NOTES. See IRREGULAR INSTRUMENTS, and 132, 133.

CHARGES. See EXCHANGE; COSTS; PROTEST.

what recoverable, II., 1457.

notarial charges, when recoverable, II., 933.

CHECKS FOR BAGGAGE.

CHECKS.

not negotiable, II., 1711.

1. Definition and description of a check, II., 1566.
(1) it is a draft or order, II., 1567.

(2) on a bank or banker, II., 1568.

(3) purports to be drawn on a deposit, II., 1569.

(4) for the payment at all events of a certain sum of money, II., 1570.
(5) and is payable to a certain named person, or to him or order, or to
him or bearer, or to bearer, II., 1571.

check payable to "the order of bills payable," or to a certain num-
ber, is payable to bearer, IL, 1571.

bank has reasonable time to ascertain genuineness of indorser's sig
nature if the check is payable to order, II., 1571.

(6) check is instantly payable on demand, II., 1572.

which feature is its essential characteristic, II., 1572.

query, whether a draft on a bank, payable at future day named after
date, is check, II., 1573.

CHECKS continued.

paragraphs marked §.

semble, as to draft payable so many days after sight or date, II., 1573.
draft or order on bank not immediately payable, has the qualities of
bill of exchange, II., 1574.

check is not entitled to grace, II., 1575.

whether particular usage can control general, II., 1576.
that a draft payable at future day is not check, II., 1576.

2. Formal parts and varieties of checks, II., 1576.

check should be dated, II., 1577.

may be ante or post dated, II., 1578.

need not be expressed in any set form of words, II., 1579.
sufficient if bank be plainly directed to pay, II., 1579.

amount should be designated in words and figures, II., 1580.

check may be addressed to the bank or to the cashier, II., 1581.
must be delivered, II., 1582.

it is issued as soon as it is in hands of party who can demand pay.
ment, II., 1582.

if lost or stolen, finder or thief can not demand payment of drawer,
II., 1582.

bank held harmless if it pay lost or stolen check payable to bearer, II.,
1582.

what are "memorandum" checks, II., 1583.

examples of these, II., 1584.

ordinary check can be proved by parol to have been intended as a
memorandum check, II., 1584, 1585.

crossed checks, and English statutes and decisions, II., 1585a.

when indorsed by party as "surety" considered in Louisiana not to
be used in usual manner, II., 15856.

3. Presentment, protest, and notice, II., 1586.

duty of bank or other collecting agent as to presentment, 332.

holder has no recourse upon drawer until check is presented and pay-
ment refused, II., 1586.

distinction as to presentment and notice between bills and checks,
II., 1587.

drawer not discharged unless injured by delay in presentment or
notice, II., 1587.

if due presentment and notice is not made, burden of proof is on
plaintiff to prove no injury to drawer by such default, II., 1588.
if bank be solvent and check is refused, drawer is liable as in other
cases of debt on protested note, II., 1589.

check should be presented within reasonable time, II., 1590.

if drawer and payee and the bank are in the same place, check received
in course of one day should be presented the next, II., 1590.
stoppage of payment by bank during business hours is excuse, II.,
1591.

if received at place distant from bank, it should be forwarded by mail
the day after, II., 1592.

if check is presented on day it is drawn, and payment be tendered,
holder's refusal to receive it is at his own risk, II., 1593.

between indorser and indorsee, the rule is same as between drawer and
payee, II., 1594.

as between indorser or assignee, and the drawer, no transfer or trans-
fers can prolong drawer's risk, II., 1595.

check intended for immediate payment, II., 1595.

what will excuse failure or delay in presenting check and giving notice
of dishonor, II., 1596.

(1) when no funds of drawer are in bank, II., 1596.

(2) when drawer directs bank not to pay, II., 1596.

(3) when bank is restrained by order of court, II., 1596.
indorser in such case stands on different footing from drawer, II.,

paragraphs marked §.

CHECKS-continued.

holder should notify drawer if he be prevented from presenting check
by removal of bank or other cause, II., 1596.

failure to do so discharges drawer, II., 1596.

if bank remove, and check returned, debt remains due, II., 1596.
drawer of over-check is bound without demand or notice, II., 1597.
drawer may waive neglect or delay, II., 1598.

time for presentment not prolonged by check being put in agent's
hands, II., 1598.

bank has right to actual presentment, II., 1599.

whether sending check by post with demand of payment is a good
presentment, II., 1599.

presentment by post to drawee bank is proper, II., 1599a.
rule respecting protest of checks, II., 1600.

whether on same footing as bills, II., 1600.

4. What is meant by "certification" of checks, II., 1601.
effect of certification of checks, II., 1601a.

certification of acceptance, 1601a.

recent origin of custom to certify checks, II., 1602.

bank by certifying becomes principal and only debtor, II., 1601a, 1603.
acknowledges funds, II., 1603.

certified check is shorthand certificate of deposit, II., 1603.

bank certifying can not plead forgery of drawers' names, II., 1603.
drawer can not revoke after certification, II., 1603.

bank does not warrant terms of check by certification, II., 1603.
holder by taking certificate of bank discharges drawer, II., 1601a,
1604.

certified check circulates as cash by usage of merchants, II., 1605.
no particular form of certification is requisite, II., 1606.
ordinary mode of certifying is to write "good across face of check,
II., 1606.

whether promise to pay is equivalent to certification, II., 1606a.
when communicated to holder it is, II., 1606a.

if certificate state time of payment, it binds holder, II., 1606b.
officer of bank should not certify check unless there be funds to meet
it, II., 1607.

officer or agent of bank can not certify his own check, II., 1607.
special authority required by officer to certify other than commercial,
II., 1607.

certified without indorsement of payee in hands of third party, II.,
1607a.

if holder be assignee for valid consideration entitled to recover money,
II., 1607a.

bank protected in paying, II., 1607a.

certification made through mistake or fraudulent misrepresentation
may be revoked, II., 1608.

unless in hands of holder without notice, II., 1608.

what officers of bank may certify checks, II., 1609.

president or board of directors may, II., 1609.

cashier and teller may, II., 1610.

assistant cashier can not, II., 1610b.

limitation on implied power of president or other officer to certify
checks, II., 1611.

-

officer certifying his own check certificate carries notice, II., 1611.
5. Whose check should be paid by bank, II., 1612.

bank should require signature to be identical with depositor, II., 1612.
in case of partnership, check should be signed in copartnership name,
II., 1613.

in cases of joint depositors, II., 1613.

lawful for bank to show that deposit in name of one partner belongs
to firm, II., 1614.