PAROL EVIDENCE,

to show no contract, 114, 181.

that bill delivered as an escrow, 115.

PART OF CONSIDERATION ILLEGAL, 170.

PARTIAL ACCEPTANCE, 265.

PARTICULAR PLACE,

bill or note payable at, 14, note (z), 101, 265, 288, 293, note (d).
debenture payable at, 288, note (y).

PARTICULARS OF DEMAND,

special indorsement on writ, 414, 418.
general, 417.

PARTICULARS OF FRAUD, &c.
when required in pleading, 422.

PARTNER,

what constitutes a partnership, 49.
actual and ostensible partners, 49.

agreement not to draw bills, 50.

partners both entitled and liable by bill, 50.

where one partner can bind the other on a bill, 52.

not bound by joint and several note of his co-partner, 53.

nor if style of firm varied, 53, and note (d).

farming and mining partnerships, 51.

partnerships not in trade, 54.

partner exceeding his authority, 54.

creditor carrying on partnership under deed of arrangement, 54.
executors receiving share of profits, 54, note (i).

effect of partnership articles against drawing bills, 56.

where there is notice, 55.

pleading and evidence, 37, note (z).

partner in two firms, 57, 467.

firm and individual of same name, 57.

incoming partner, 57.

when the holder of a bill discharges the firm by taking fresh

security, 57.

ratification, 58.

dormant partner, 58, 476.

where the partnership was to commence by relation from a time
past, 58.

when a dormant partner may join as plaintiff, 58.

or be joined as defendant, 58.

nominal partner, 59.

dissolution, 59.

notice of it, 59.

notice of retirement of secret partner, 61.

effect of dissolution, 61.

dissolution by death, 62.

transfer, how to be made after dissolution, 61.

when authority to indorse after dissolution may be inferred, 61.

dissolution by bankruptcy, 62.

occasional partnership, 62.

survivorship, 62, note (e).

indorsement by another man of same name, 92.

where there is no payee, 95.

a fictitious payee, 93, 272.

his title when he is a third person like that of first indorsee, 153,
note (y), 322, and see Code, s. 89 (2).

when principal, and when surety, 177, note (s), 322.

joint and alternative, 96.

PAYMENT,

in due course, 296.

presentment for.

See Presentment for Payment.

transfer after, 183, 201, 301.

to whom payment should be made, 297.

to wrongful holder of bill payable to bearer, 297.

when not payable to bearer, 41, 298.

of a lost or stolen bill, 297, 377. Sce Loss of Bills and Notes.
of a forged bill, 41, 308, 350. See Forgery.

of crossed cheques, 31, 376, note (u).

when payment should be made, 301.
at what time of day, 301.

before bill is due, 301.

when a legacy will be a satisfaction, 303.
effect of, under Statute of Limitations, 366.
payment after action brought, 302.

by banker's notes and cheques, 302.

appropriation of payments, 303.

rateable appropriation, 305.

part payment, 201, 306, 384.

by acceptor, 299.

by drawer or indorser, 200, 201, 299.

by a stranger, 300.

by drawer where is a third person payee, 183, 201..

when a bill taken of a third person is payment, 375.

presumptive evidence of payment, 306, 372.

delivering up the bill, 302, 307.

giving a receipt, 307.

effect of a receipt, 307.

tender, 11, 307, 326.

retractation of payment, 308.

how far a bill or note is considered payment, 373, 376, 480.

prima facie all payments extinguish existing debt, do not create

new one, 435.

how far extinction of the debt as to one party on a bill will be
satisfaction as to another, 314, 322, 326.

to an infant, 71.

to a married woman, 79.

372

PAYMENT-continued.

by negotiable instruments, 302, 376, 377.
evidence of payment, 306.

when to be deemed complete, 308.

on bank holidays, 281, 287. And see Appendix, 494.

PAYMENT OF MONEY INTO COURT,

effect under the Statute of Limitations, 368.

to obtain leave to appear, makes plaintiff a secured creditor, 468,
note (m).

PAYMENT SUPRA PROTEST,

what and how made, 309.

right of party paying supra protest, 309.

notice of dishonour by, 309, note (q).

paying for honour without protest, 309, note (r).

of accommodation bill, 279.

PENCIL,

bills and notes may be written in, 88.

PETITIONING CREDITOR'S DEBT. See Bankruptcy.

PLACE WHERE BILL OR NOTE IS MADE,
superscription of, 89.

PLACE WHERE BILL OR NOTE IS PAYABLE,
appointed by the drawer, 101, 263, note (o), 288.

by the acceptor, 263, 265, 288, 293, note (d).
by maker of note, 14, note (z), 101, 293, note (d).
Bank of England notes, 82, 101.

drunkenness, 73.

written agreement, 116.

in action on bill payable at a particular place, 291.
statement of claim, 417, 418.

of presentment and notice of dishonour, 253, 418.
statement of maturity of instrument, 420.

no notice of indorsement required, 419.

of protest, 223, 418.

statement of defence, 420.

under Judicature Acts, 421.

every material fact to be alleged, 421.

if not traversed admitted, 421.
except at or after reply, 421, note (d).
misrepresentation, fraud, &c., 422.
amendment, 421.

the old plea of non-assumpsit, 421, note (a).
traverse of acceptance and indorsement, 420.
effect of traverse of indorsement, 420, note (z).
absence of consideration, 422.

denial that plaintiff is holder, 405, 420, note (z).

PLEADING-continued.

defect of stamp need not in general be pleaded, where the bill
must be produced, 133.

effect of pleading over, 423.

statutable jurisdiction over pleas framed to embarrass, 424.

sham pleas, 424.

an estoppel, 428.

foreign law, 389.

alteration, 343.

replication to plea denying consideration, 428.

distributive replication, 428.

payment, 308, 423.

satisfaction, 423.

Statute of Limitations, 372.

whether proof of same debt in bankruptcy should be raised by
pleading or motion, 463.

And see Counter-claim and Set-off, 424.

PLEDGING BILLS,

in the case of a bill confers no power of sale, 43, 144, 193, 205.
rights of party to whom bill pledged, 2, note (k), 43, 144, 193,
205, 239.

by agent, 43, 48.

to whom, 213.

consequence of negligence in party presenting, 215.

course when drawee cannot be found, or is dead, or bankrupt,

214.

whether the owner is bound to acquiesce in acceptance by agent,

44.

bank holidays, 213, note (7).

PRESENTMENT FOR PAYMENT,

how made, 21, note (m), 287.

in case of bankruptcy or insolvency, 293.

whether necessary when a bank stops payment, 293, note (i).

not necessary in order to charge a guarantor, whose name is not on
the bill, 294.

where drawee is dead, or not to be found, 290, 294.

when holder is dead, 292.

when to be made, 281, 287.

at what hour, 287.

computation of time, 281, 283.

where the instrument is payable at sight or on demand, 281, 284.
after sight, 283.

of a cheque, 16, 20, 284.

usance, 282.

general rules, 284.

of bank notes, 286.

where no time is specified, 91, 287.

where bill lost or destroyed, 392.

where, when a bill is made payable at a particular place, 101, 263,
note (o), 265, 288, 293, note (d).

pleading, where bill is made so payable, 291.

presentment, when note is so payable, 14, note (z), 288.

when place of payment is mentioned in a memorandum, 14, note (z),

288.

not necessary in order to charge acceptor or maker, 293.
effect of not presenting on the liability of other parties, 292.
when neglect to present is excused or waived, 293.

presentment for payment to the drawee, necessary before present-
ment to acceptor for honour, 276.

when bill or note due on Sunday, &c., 281, 287.

on bank holidays, 213, note (1), 281.

PRESUMPTION,

of consideration, 4, 141, 147.

of bona fides, 141, 147, 193.

when burden of proof shifted, 146, 147.
that bill indorsed before due, 177.

And see Appendix, 494.

as to order in time of indorsements, 177.

of payment, 306, 372.

as to stamp, 134, 396.

of delivery, 145, 179.

of time of acceptance, 261.

of undue influence, 71.

PRINCIPAL AND AGENT. See Agent.

unnamed principal not liable on a bill, 38, 46.

PRINCIPAL AND SURETY. See Indulgence.

when evidence of this relation admissible, 9, 324.

what parties principals, and what sureties, 322-324.

valid agreement to give time to the maker or acceptor discharges
other parties, 325.

agreement to give time to prior indorser discharges subsequent

indorsers, 322, 328.

the agreement to give time must, in order to discharge other

parties, be a valid one, 325, 329.

taking fresh security, 328, 330.

obtaining a judgment, 329.