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Oct 9, 1905
Entered, according to the Act of Congress, in the year eighteen hundred and
seventy-six, by
JOHN W. DANIEL,
In the Office of the Librarian of Congress, at Washington.
TABLE OF CONTENTS OF VOL II.
BOOK IV.
PROTEST AND NOTICE; AND EXCUSES FOR
WANT OF PRESENTMENT, PROTEST, AND
NOTICE.
SECTION I. The nature and necessity of protest,
II. By whom and where protest should be made,
III. Formal making, preparation, and authentication of protest,
IV. Contents of protest,
V. The protest as evidence,
CHAPTER XXIX.
NOTICE OF DISHONOR OF NEGOTIABLE INSTRUMENTS,
SECTION I. Nature and necessity of notice,
II. Formal and essential elements of notice,
PAGE
1
7
10
15
18
29
31
III. Who may give notice of dishonor,
45
IV.
To whom notice of dishonor should be given,
V. Mode and formalities of giving notice when the party
giving and the party to receive it reside in the same
place,.
VI. Mode of serving notice when the party giving and the party
to receive it reside in different places,
74
86
95
VII. Time within which notice may and must be given,
VIII. The allegation and proof of notice,
CHAPTER XXX.
CIRCUMSTANCES OF A GENERAL NATURE WHICH EXCUSE WANT OF PRE-
SENTMENT, PROTEST, AND NOTICE,
SECTION I. War, interdiction of intercourse, and occupation of country
by public enemy,
II. Political disturbance, epidemic disease, and overwhelming
calamity or accident,
SPECIAL CIRCUMSTANCES OF EXCUSE WHICH SHOW AN ORIGINAL ABSENCE OF RIGHT TO REQUIRE PRESENTMENT, PROTEST, OR NOTICE,
SECTION I. Drawing a bill without a right to do so,
113
II. When the party is under an obligation to provide for pay-
ment,
123
CHAPTER XXXII.
SPECIAL CIRCUMSTANCES OF EXCUSE FOR WANT OF PRESENTMENT, PRO-
TEST, AND NOTICE, ARISING FROM SPECIAL ACTS OF WAIVER,
SECTION
I. Special written and verbal waivers of presentment, protest,
and notice. General principles respecting waivers,
II. Special waivers after the execution of the bill or note,
III. By whom and to whom waiver of demand, protest, and
notice must be made,
CHAPTER XXXIII.
SPECIAL CIRCUMSTANCES OF EXCUSE WHICH SHOW AN INABILITY ON THE
PART OF THE HOLDER TO MAKE DUE DEMAND, PRESENTMENT, OR
PROTEST, OR GIVE DUE NOTICE,
SECTION I. When there is no person in existence upon whom demand
can be made, or who is legally bound,
II.
The impracticability of finding the party to whom present-
ment should be made or notice given; or ascertaining
his residence or place of business,
III. Receiving the bill or note too late as excuse for want of
presentment and notice,
IV. Sickness of, or accident to, the holder,
CHAPTER XXXIV.
TEST, AND NOTICE, ARISING FROM THE CONDUCT OF THE PARTY, .
129
138
144
146
149
I. When party has received means to take up the bill or note,
When party has received securities out of which to provide
for payment,
161
III.
When maker or acceptor has absconded,
173
IV. When maker or acceptor has removed his domicile to an-
other State or a foreign country,
175
CHAPTER XXXV.
SPECIAL WAIVERS OF PRESENTMENT, PROTEST, AND NOTICE, AND OF THE
EVIDENCE THEREOF, BY PROMISES TO PAY AND PART PAYMENTS AFTER
MATURITY,
.
SECTION I. Waiver by promise of the drawer or indorser to pay, made
after maturity, with knowledge of holder's default,
178
SECTION II.
Promise to pay as presumptive evidence of knowledge of
laches,
184
III. Promise to pay as evidence of diligence, or waiver of proof
of negligence, .
186
191
193
IV. What amounts to acknowledgment or promise to pay,
V. Waiver by part payment after maturity,
The bankruptcy or insolvency of the acceptor or maker,
III. The loss or mislaying of the bill or note,
IV. The appointment of the drawer or indorser as executor or
administrator of maker or acceptor,
V. The transfer of the bill or note as collateral security,
VI. The death of the maker or acceptor,
VII. The misdating of a bill or note by a foreign resident,
196
198
ACTION OR SUIT UPON BILLS AND NOTES,
SECTION I. General principles as to who may sue,
II. Who may sue when instrument is payable to an agent,
III. Who may sue upon instruments payable to one party and
IV. Who may sue upon instruments payable to bearer, or in-
dorsed in blank,
V. What constitutes the right to sue, and the evidence thereof, 224
VI. Who may be sued,
CHAPTER XXXVIII.
THE DISCHARGE OF BILLS AND NOTES BY PAYMENT,
SECTION I. The nature of payment,
II. Who may make payment,
III. To whom payment may be made,
IV. When payment may be made,
V. The effect of payment, and who may reissue a bill or note,
In what medium payment may be made. The legal tender
VI.
243
247
254
257
260
CHAPTER XXXIX.
CONDITIONAL AND ABSOLUTE PAYMENT.
TAKING BILL OR NOTE FOR OR
ON ACCOUNT OF A DEBT,
281
SECTION I. When the presumption of payment arises from taking a bill
or note,
II. Suspension of right of action by taking bill or note for or
on account of a debt,
III. Rights and duties of holder of bill or note taken in con-
IV. The effect of taking a bill or note upon a lien,
CHAPTER XL.
DISCHARGES OF BILLS AND NOTES OTHERWISE THAN BY PAYMENT,
SECTION I. Discharges of bills and notes by operation of law,
II. Discharges by agreement of the parties,
III. Discharge of a joint party,
305
306
311
IV. Discharge of partnership debt by bill or note of one partner, 315
CHAPTER XLI.
WHAT DISCHARGES A SURETY. THE LAW OF PRINCIPAL AND SURETY
IN ITS APPLICATION TO BILLS AND NOTES, .
319
SECTION I.
Who are principals, and who sureties; and general princi-
ples of sureties' liabilities,
SECTION II. What acts of creditor discharge a surety for the debt,
III. What acts of creditor will not discharge a surety,
IV. Latent sureties. Accommodation and joint parties as sure-