1826...... 17...... All.

1828...... 20...... 15, ¶ 30 (2d meet.)

1828...... 20...... 1, ¶¶ 51, 272, 393, 460 (2d meet.)

INDEX.

(The references are to pages.)

ACCEPTANCE, meaning of term, 6.

what it is, 216.

must be in writing, 216, 217.

must be signed, 216.

must be for payment in money, 216.

is new contract, 216.

form of, 216.

signature of drawee sufficient, 216, 217.

promise to pay check, 217.

holder may require it to be on face of bill, 218.

by separate instrument, 218.

when acceptance on separate instrument binds acceptor,

218.

by telegraph, 218.

promise to accept deemed acceptance, 219.

promise to accept not affected by instruction to agent, 219.
promise to accept must be unconditional, 219.

at common law oral promise was sufficient, 219.

by what law promise to accept governed, 220.

conditional promise to accept, 220.

time allowed drawee in which to accept, 221.

when retention of bill amounts to acceptance, 221.

where bill incomplete, 223.

where bill overdue, 223.

after bill dishonored, 223.

date of acceptance, 223.

kinds of acceptance, 223.

what constitutes general acceptance, 223, 224.

qualified acceptance, 224.

conditional, 224.

local, 224.

partial, 224.

agent cannot take qualified acceptance, 225.

(The references are to pages.)

ACCEPTANCE-Continued.

duty of holder where bill dishonored by non-acceptance,
230.

rights of holder when bill not accepted, 230.

when bill dishonored by non-acceptance, 230.

what bills must be protested for non-acceptance, 231, 232.
of bills in set, 243.

ACCEPTANCE FOR HONOR, when bill may be accepted for
honor, 237.

how made, 237.

for part of sum, 237.

for different parties, 238.

when acceptance does not state for whose honor made,
238.

agreement of acceptor for honor, 238.

liability of acceptor for honor, 238.

maturity of bill payable after sight accepted for honor,
238.

how presentment for payment made to acceptor for honor,

239.

dishonor of bill accepted for honor, 239.

when delay in making presentment excused, 239.
ACCEPTOR, by accepting admits existence of drawer, 120.
admits genuineness of drawer's signature, 120.

admits drawer's capacity to draw, 120.

admits authority to draw, 120, 121.

admits capacity of corporation to draw bill, 121.
admits capacity of married woman, 121.

admits capacity of infant, 121.

may not show that drawer is a lunatic, 122.

not presumed to know signature of indorser, 121.

not presumed to know handwriting in body of bill, 121.

liability of acceptor, 121, 122.

admits capacity of payee to indorse, 122.-

for accommodation not liable to drawee, 122.

demand for payment not necessary in order te charge,
139, 140.

when acceptor insolvent bill may be protested for better
security, 236.

ACCEPTOR FOR HONOR, liability of acceptor for honor, 238.
agreement of acceptor for honor, 238.

(The references are to pages.)

ACCOMMODATION PAPER, notes mutually exchanged are not,

69.

payment of by party accommodated discharges paper,

193-195.

ACCOMMODATION PARTIES, liability of, 67-72.
accommodation maker is primarily liable, 7.

exchange of notes, 69.

married women as, 69.

right to retract, 69.

right to impose conditions, 71.

discharge of by diversion of instrument, 71.

corporations as, 69-71.

knowledge of holder that paper for accomodation, 71.

partner indorsing for accommodation, 71.

order of liability, 72, 134.

right to subrogation, 72.

maker is primarily liable, 119.

acceptor for accommodation not liable to drawer, 122.
rights of on payment of instrument, 203.

ACTION, meaning of, 6.

restrictive indorsement confers right to bring, 79.

holder may bring, 93.

AGENT, signature by, 51.
authority of, 51.

how authority shown, 51.

liability of person signing as agent, 52.

liability of where signature unauthorized, 52.
words which are descriptio personae, 53.

delay of in making presentment, 145.

may give notice of dishonor, 168.

notice of dishonor may be given to, 174.

cannot take qualified acceptance, 225.

duty of to present bill for acceptance, 226, 227.

holder may require production of agent's authority to ac-
cept, 228.

ALTERATION, effect of, 205-209.

holder in due course may enforce instrument according
to original tenor, 205, 206, 207.

what constitutes a material alteration, 209-211.

burden of explaining, 206.

difference between and filling in blanks, 208.

(The references are to pages.)

ALTERATION-Continued.

pleading in case of, 208.

as to rate of interest, 209.
as to date, 209.

as to sum payable, 209.

as to time of payment, 209.

as to place of payment, 209, 210.

as to number of parties, 209, 210.

as to relation of parties, 209.

as to medium of payment, 209, 210.

addition of place of payment, 209, 210.

other changes, 209.

striking out stipulation, 210.

where paper payable to order is made payable to bearer,

210.

adding name of attesting witness, 211.

addition of special agreement, 211.

AMBIGUOUS INSTRUMENT, construction of, 45-50.
where two or more sign in the singular, 50.

AMOUNT, uncertainty as to, 13.

ANTECEDENT DEBT, constitutes value, 60, 62, 63, 64.
ANTEDATED, instrument not invalid because, 35.

ASSIGNMENT, bill is not, 213.

when bill may amount to, 213.

check is not, 253.

when check may amount to, 254.

ASSUMED NAME, persons signing in, 50, 51.
ATTORNEY'S FEE, provision for, 14, 15, 16.
where amount not fixed, 15.

warranty respecting, 132.

BANK, meaning of, 6.

when bank discounting paper holder for value, 97-99.
cannot recover payment made on forged signature of
drawer, 120.

instrument payable at equivalent to order to pay, 160.
presentment of instrument payable at, 150, 151.
hours for making presentment, 150.

bank custom, 150.

where bank is closed, 151.

where name of bank not clearly specified, 151.