(The references are to pages.)

BANK-Continued.

what will be considered a bank, 151.

when suit may be commenced upon paper payable at, 151.
when bank not agent to receive payment, 161.

duty of as to notice of dishonor, 167.

as agent of holder, 168.

need give notice of dishonor only to its customer, 170, 181.

bank paying check cannot re-issue, 203.

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

liability of on certified check, 251, 252.

not liable on check unless it accepts or certifies the same,
253, 254.

BANK NOTES, note payable in, 28.

BEARER, meaning of term, 6.

instrument must be payable to or order, 11, 12.

when instrument payable to, 31-34.

instrument payable to person named or bearer, 31.
instrument payable to fictitious person, 31, 32.
when payee not name of any person, 31.
when indorsed in blank, 31-34.

instrument payable to cash is payable to, 34.

instrument payable to sundries is payable to, 34.

instrument payable to estate, 33.

indorsement of instrument payable to, 83, 133.
former rule in some States, 134.

BILL, meaning of term, 6.

BILLS IN A SET constitute one bill, 242.

rights of holder where different parts are negotiated, 242.
liability of indorser, 242.

acceptance of, 243.

payment of, 243.

effect of discharging one of a set, 243, 244.

where drawer and drawee are same person, 214.
may be addressed to two or more drawees, 213.
but not to two or more in the alternative, 213.

(The references are to pages.)

BILL OF EXCHANGE-Continued.

inland bill, what constitutes, 214.

foreign bill, what constitutes, 214.

when bill may be treated as promissory note, 214.
when bill may amount to an asignment, 213.

referee in case of need, 215.

BLANKS, when may be filled, 36-42.

when improperly filled, 36, 42, 308.
presumption as to authority, 37, 38.
burden of proof, 38.

intention of party delivering paper, 38.

necessity for delivery, 38.

no authority to fill where instrument has not been deliv-

ered, 38.

what may be inserted, 38.

blank space with figures in margin, 39.

true date to be inserted, 39.

where instrument negotiated prior to completion, 39.

liability to holder in due course, 40.

space left in completed instrument, 40.

alterations, 41.

whether payee may be holder in due course, 41.

difference between filling in and alteration, 208.
BOHEMIAN OATS NOTES, provisions as to, 28.
BONDS, act applies to municipal bonds, 3.

liability of person negotiating, 128, 129.
how made non-negotiable, 258.

BROKER, liability of, 136.

BURDEN OF PROOF, where title of prior party was defective,
115-117.

as to notice of dishonor, 167.

is on person alleging payment, 194.

to show that indorser assented to extension, 200.

CANCELLATION discharges instrument, 193, 194.

unintentional cancellation, 205.

effect of, 205.

burden of proof, 205.

CAPACITY, acceptance admits capacity of drawer to draw bill,

120, 121.

warranty of where negotiation by delivery, 127-129.

warranty of by general indorser, 129-131.

(The references are to pages.)

"CASH," instrument payable to, 34.

CASHIER, instrument payable to, 84, 85.

not disqualified to act as notary, 235.

may protest his own note, 235.

CERTAINTY, where event is certain to happen, 21.
CERTIFICATE OF DEPOSIT, warranty by indorser, 132.
payable on demand must be presented within reasonable
time, 145.

CERTIFICATION, effect of, 251-253.

equivalent to acceptance, 251.

where holder has check certified, 252.

where drawer has check certified, 252, 253.

CHECK defined, 247, 248.

delay in presentment where check is negotiated, 144.
time allowed bank to accept, 221.

difference between check and bill, 247, 248.

presentment and notice of dishonor necessary, 248.
within what time must be presented, 248-251.
effect of delay, 248-251.

certification of, 251, 252.

is not assignment, 253, 254.

agreement for assignment by, 254.

CLEARING HOUSE, payment through, 250.
COLLATERAL NOTES, 2, 3, 24, 25.

COLLATERAL SECURITIES, provision for sale of, 22.
that holder has is no defense to maker, 118.

that indorser has deposited is no defense to maker, 119.
must be tendered with instrument, 149.

holder receiving collaterals not required to proceed upon
before suing indorser, 158.

surrender of discharges indorser, 201.
"COLLECTION," indorsement for, 78, 79.

effect of, 78, 79.

liability of indorser, 130.

CONDITIONAL INDORSEMENT, party paying may disregard

condition, 82.

indorsee holds subjects to rights of indorser, 82.
CONFESSION OF JUDGMENT, provision for, 23, 25, 26.
CONFLICT OF LAWS, by what laws demand of payment de-
termined, 140.

by what law validity of promise to accept determined, 220.
bill payable in foreign country, 140.

(The references are to pages.)

CONSIDERATION, presumption as to, 59.

statement of nature of, 26.

what constitutes, 60.

antecedent debt, is, 60-62; 63-64.
non-negotiable instrument, 60.
absence or failure of, 65-67.
partial failure of, 65-67.

accommodation parties, 67-72.

presumption as to in case of non-negotiable note, 59, 245,
246.

failure of consideration does not require proof of good
faith, 117.

none necessary to support waiver, 157.

instrument given for speculative consideration, 257.
requirement that consideration be stated, 111, 257-258.

CONTINGENCY, instrument payable on is not negotiable, 20-22.
CORPORATION included in word "person," 6.

liability of officers signing, 54.

as an accommodation party, 69-71.

delivery of paper of by officer for personal debt, 70-71.
acceptor admits capacity of to draw, 121.

officer of indorsing, 123.

COSTS OF COLLECTION, provision for, 14.

CURRENT MONEY, designation of particular kind of, 26, 28.

DATE, absence of does not affect validity of instrument, 26.
presumption as to date, 27, 35-46.

evidence to show mistake as to date, 35.

instrument presumed to be made where dated, 35.
instrument may be ante-dated, 35.

may be post-dated, 35.

when date may be inserted, 36-48.

insertion of wrong date, 36.

alteration of date, 209.

from what date law takes effect, 259.

DAYS OF GRACE, abolished, 158.

rule not uniform, 158-160.

DEFENSES, when instrument subject to, 113-115.

nature of, 115, 116.

who liable to, 113-117.

DEFINITIONS, meaning of terms used in act, 6.

(The references are to pages.)

DELAY, when delay in presenting for payment is excused, 106,

154.

in giving notice of dishonor, 189.
in presenting check, 144, 248-251.

DELIVERY, meaning of term, 6.

of incomplete instrument, 42.
contract revocable until delivery, 43.
must be authorized, 43, 44.
presumption as to delivery, 43, 44.
necessary to convey title, 43, 44.

conditional delivery, 44, 45.

presumed in favor of holder in due course, 44, 45.

instrument payable to order of drawer, 45.

upon condition, 45.

pleading delivery, 46.

possession is prima facie proof of, 46.

is negotiation of instrument payable to bearer, 74.
necessary to make indorsement complete, 74.

of bill or check implies representation th... drawee is in
funds, 121, 122.

warranty where negotiation by delivery, 127-129.

DEMAND, INSTRUMENT PAYABLE ON, instrument must be
payable on demand or at determinable future time, 11.
instrument expressed to be payable on, 28.

payable at sight, 28.

payable on presentation, 28.

when no time expressed, 28, 29.

instrument issued, etc., when overdue is payable on de-

mand, 28, 29.

distinction between and instruments payable on demand

and at sight, 28, 29.

when words," on demand " may be added, 29.

legal intendment cannot be changed by patrol, 29.

instrument payable on demand negotiated an unreason-
able time after its issue, 92.

overdue bill is payable on, 29.

when instrument payable on demand must be presented,

141-145.

DETERMINABLE FUTURE TIME, instrument must be pay-

able at, 11.

what is, 19.