(The references are to pages.) HOLDER IN DUE COURSE-Continued. payee as, 96. overdue paper, 96. where interest is overdue, 97. where instalment overdue, 97. when paper deemed overdue, 97. in case of instrument payable on demand, 100. where full amount has not been paid before notice, 100, what constitutes notice of equities, 102-107. holds instrument free from equities, 107-113. may recover full face value, 107-112. where paper made in violation of statute, 108-111. drunkness as a defense, 111. rights of person claiming under holder in due course, when burden on holder to prove that he took instrument holder may testify that he acted in good faith, 117. ILLEGAL STIPULATIONS, not validated, 23. where instrument is stolen, 42. agreement that others shall sign, 43. acceptance of, 223. INDORSER, where character not clear signer is presumed to be an indorser, 47-49, 50. usury not a defense to, 111. deposit of collateral securities by, 119. when person deemed such, 122. may not be shown to be maker, 123. parol evidence to vary liability of, 123-133. irregular indorser, 124-127. partner indorsing firm note, 126, 132. admits capacity of prior party, 129. liability of general indorser, 129-133. liability where paper indorsed restrictively, 130. (The references are to pages.) INDORSER-Continued. to whom warranty runs, 130. warranty as to genuineness, 131. as to title, 131. holders knowledge of infirmity, 132. where note stipulates for attorneys fees, 132. has no right to require suit against maker, 133. order in which indorsers liable, 134-136. presentment necessary in order to charge, 139, 248, 249. 153. right of recourse to, 157, 158. not a mere surety after dishonor, 157, 158. liability where collaterals have been received, 158. holder not required to proceed on collaterals in order to charge indorsers, 158. notice of dishonor must be given to, 166. when notice of dishonor need not be given to, 190. what will discharge, 142-145, 195-201. payment by does not discharge maker, 194. possession of paper is evidence of payment, 202. payment by second indorser, 202. where released by failure to present bill for acceptance, 227. liability of where bill dishonored by non-acceptance, 230. of check discharged by delay to present, 248, 249. INDORSEMENT, meaning of term, 6. of instrument payable in the alternative, 30. instrument indorsed in blank payable to bearer, 31. by infant, 55. by corporation, 55. where written, 75. required for negotiation of instrument payable to order, 75, 76. must be completed by delivery, 74. (The references are to pages.) INDORSEMENT-Continued. must be on instrument, 75. or on an allonge, 75, 76. burden of proof as to signature, 76. by stamp, 76. signature alone sufficient, 76. must be of entire instrument, 77. special indorsement, 77. indorsement in blank, 77. how special indorsement converted to blank indorsement, when restrictive, 78, 79. restrictive indorsement prohibiting further negotiation, restrictive indorsement constituting indorsee mere agent, restrictive indorsement vesting title in trust, 78, 79. restrictvie indorsement authorizes indorsee to receive pay- ment, 79. restrictive indorsement authorizes indorsee to bring ac- restrictive indorsement authorizes indorsee to transfer his rights as indorsee, 80. effect of qualified indorsement, 81, 82. qualified indorsement does not impair negotiable charac- qualified indorsement does not throw suspicion on paper, 81. conditional indorsement, 82. of instrument payable to bearer, 83. where instrument payable to two or more, 84. by cashier, 85. by fiscal officer, 85, 86. where name misspelled, 86. where payee or indorsee wrongly designated, 86. in representative capacity, 86. presumption as to place of, 87. presumption as to time of, 86, 87. striking out indorsement, 88, 89. (The references are to pages.) INDORSEMENT-Continued. effect of striking out indorsement, 88, 89. when may be done, 88, 89. transfer without indorsement, 89-92. rights of transferee, 89, 90, 91. prior equities, 91, 92. warranty where negotiation by qualified indorsement, 128, 129. warranty of title in case of qualified indorsement, 128, warranty by general indorsement, 129-133. indorsement by executors, 132. INFANT, indorsement by, 55. acceptor admits capacity to draw, 121. INLAND BILL, what is, 214. INSOLVENCY, does not excuse presentment, 155. INSTALLMENTS, instruments payable in, 13, 14. INSTRUMENT, meaning of term, 6. INTEREST, where instrument does not specify date from which does not make sum uncertain, 13. ISSUE, meaning of term, 6. JOINT DEBTORS, presentment to, 152. JOINT PARTIES, two or more persons signing "I promise to joint payees indorsing, 136. suit against joint indorser, 136. JUDICIAL NOTICE, enactment in other states, 5. JUDGMENT NOTES, 23-25. LAW MERCHANT, when governs, 8. LIABILITY, no one liable whose signature not on instrument, 32. of person signing as agent, 52-55. of maker, 118. of drawer, 119. of acceptor, 120-122. of irregular indorser, 124-127. where paper negotiated by delivery only, 127-129. where paper negotiated by qualified indorsement, 127-129. (The references are to pages.) LIABILITY-Continued. of indorser where paper negotiable by delivery, 134. of agent or broker, 136, 137. LIEN, person having is holder for value, 63-65. extent of recovery by holder having lien, 64, 65. holder may recover on instrument though principal debt LIGHTNING RODS, notes given for, 111. LUNATIC, acceptor cannot show drawer a lunatic, 122. MAIL, miscarriage in, does not invalidate notice of dishonor, 179. MAKER, note payable after death of, 21. indorser may not be shown to be, 123. instrument payable to order of, 30, 245, 246. liability of, 118. admission of, 118. demand of payment not necessary to charge, 139. liability to holder where part payment made by indorser, 194. MARGINAL FIGURES, effect of, 47. MARRIED WOMAN, acceptor admits capacity of to draw bill, 121. liability of on commercial paper, 87, 105. MATURITY, option to pay before, 20, 21. mode of indicating, 20. time of, 158-160. MONEY, instrument payable in particular kind of, 28. MUNICIPAL BONDS, statute applies to, 3. NEGOTIABLE INSTRUMENTS, law is confined to, 2, 3. 66 instrument must contain unconditional promise, 11. must be in writing, 11. must be signed by maker or drawer, 11. |