ÆäÀÌÁö À̹ÌÁö
PDF
ePub

(The references are to pages.)

PAYMENT-Continued.

effect of payment by indorser, 194.

by one of the makers discharges instrument, 195.
through clearing-house, 195.

by party secondarily liable, 202, 204.

what bills must be protested for non-payment, 231.

bill protested for non-acceptance may be protested for
non-payment, 235.

of bills in a set, 243.

PAYMENT FOR HONOR, who may make, 240.

how made, 240.

preference of parties offering to pay for honor, 241.
effect on subsequent parties, 241.

where holder refuses to receive payment, 241.
effect of, 241.

declaration before payment, 241.

rights of payer for honor, 241.

"PEDDLER'S NOTE," consideration required to be stated in,

109-111.

PENCIL, writing may be in, 11.

PERSON, meaning of term, 6.

PERSON PRIMARILY LIABLE, who is, 6.

demand of payment not necessary to charge, 139.
accommodation maker is, 200, 201.

PERSON SECONDARILY LIABLE, who is, 6.

right of recourse to, 157.

PLACE, failure to specify place where drawn does not affect
negotiable character, 26.

presumption as to place of indorsement, 87.

of presentment, what is proper place, 147, 148.
where payable at a branch bank, 147.
alteration as to place, 209, 210.

PLEADING, presentment in reasonable time, 143, 144.
in case of irregular indorser, 127.

that paper not presented within reasonable time, 144.
waiver of presentment, 157.

in case of alteration, 208.

defense to action for payment of forged check, 255.
POST-DATED INSTRUMENT, negotiation of, 35.

instrument not invalid because post-dated, 35.
is negotiable, 35.

(The references are to pages.)

POST-OFFICE, what constitutes deposit in, 180.

deposit in post-office box, 180.

PRE-EXISTING DEBT constitutes value, 60, 61, 62, 63, 64.
PRESENTATION, instrument payable on is payable on demand,

28.

PRESENTMENT FOR ACCEPTANCE, in what cases necessary,

226.

where bill payable after sight, 226.

where required to fix maturity, 226.

not necessary where payable at day certain or at fixed

time after date, 226.

right of holder to present bill for acceptance, 226.

where bill expressly stipulates for, 226.

where bill not payable at drawee's place of business or
residence, 226.

when drawer and indorsers released, 227.

duty of agent to present bill for acceptance, 226.

how presentment made, 227.

must be by or on behalf of holder, 227.

must be at reasonable hour, 227.

must be on business day, 227.

before bill is due, 227.

must be to drawee or some person authorized to act for
him, 228.

where there are two or more payees not partners, 228.

where drawee is dead, 228.

where drawee is bankrupt or insolvent, 228.

on what days may be made, 228.

where time insufficient, 229.

when excused, 229.

excused where drawee dead, 229.

excused where drawee has absconded, 229.

excused where drawee is fictitious person, 229.

excused where drawee has not capacity to contract, 229.
excused when cannot be made after reasonable diligence,
229.

PRESENTMENT FOR PAYMENT, of instrument issued or nego-
tiated when overdue, 29.

necessary in order to charge drawer or indorsers, 139.
not necessary to charge party primarily liable, 139.
where instrument payable on demand, 141-145.

(The references are to pages.)

PRESENTMENT FOR PAYMENT-Continued.

by what laws determined, 140.

what constitutes sufficient presentment, 145, 146.
must be made on day of maturity, 141.

holder has entire day in which to make, 146.

place of presentment, 147, 148.

where principal debtor dead, 152.

where maker or acceptor has abandoned place of busi-

ness, 148.

where instrument payable at bank, 150, 151.

collaterals must be tendered with instrument, 149.
instrument must be exihibited, 148.

what will excuse exhibition, 149.

where persons primarily liable are partners, 152.
to joint parties who are not partners, 152.
when not required to charge indorser, 130.
when not required to charge drawer, 130.

when delay excused, 154.

waiver of, 153, 155, 156.

what will amount to waiver, 155, 156.

where drawee is fictitious person, 155.

effect of failure where instrument payable at a particu-

lar place, 140.

necessity for where holder has election, 140.

where indorser holds security, 141.

where no place of payment indicated, 147.

where person to make payment has removed, 148.

demand over telephone, 149.

informal request, 149.

to persons liable as partners, 152.

when dispensed with, 155-157.

waiver of notice of dishonor not sufficient, 157.

computation of time, 160.

instrument falling due on Sunday, 158-160.

instrument falling due on holiday, 158-160.

instrument falling due on Saturday, 158-160.

not necessary where bill has been dishonored by non-
acceptance, 230.

how made to acceptor for honor, 239.

within what time check must be presented, 248-251.
effect of delay, 248-251.

(The references are to pages.)

PRIMARILY LIABLE, meaning of term, 6, 7.

PRINCIPAL not liable unless his signature appears on instru-

ment, 51.

PRINTED PROVISIONS, written provisions prevail over, 46-48.
"PROCURATION," signature by, 40.

PROMISSORY NOTE, meaning of term, 6.

note given for purchase price of goods, 17, 18.
payable on or after death of maker, 21.

payable in gold coin, 28.

in bank bills, 28.

in New York State bills, 28.

in Florida funds, 28.

in specie, 28.

given for patent right, 28.

"Bohemian oats "

notes, 28.

ambiguous instrument may be considered bill or note, 47.

non-negotiable notes, 2, 59, 60, 61.

given for a stallion, 111, 258.

given for lightning rods, 111, 258.
peddler's note, 111.

usurious notes, 108-111.

given for gambling debt, 108-111.

when bill may be treated as, 214.

drawn to maker's own order, 245, 246.
defined, 245.

PROTEST, what waiver of includes, 186.

construction of term, 184.

construction of term in pleading, 187.

may be made in case of dishonor of any instrument, 192.
not required except in case of foreign bills, 192, 231.
necessary in case of foreign bills, 192, 231.

unnecessary unless bill appears on its face to be a foreign
bill, 231.

how made, 232, 233.

must be annexed to bill, 232.

must be under hand of notary, 232.

must be under seal of notary, 232

when to be made, 235.

must specify time and place of presentment, 232.

must specify fact that presentment was made, 232.

(The references are to pages.)

PROTEST-Continued.

cause for protesting the bill, 232.

demand made and answer given, 232.

manner of presentment, 232.

may be made by notary public, 234.
may be made by resident, 234.

presentment must be by notary himself, 234.
where made, 235.

when dispensed with, 236.

for better security, 236.

both for non-acceptance and non-payment, 235.
extending protest, 235.

before maturity where acceptor insolvent, 236.
where bill is lost, 236.

of bill accepted for honor, 239.

REASONABLE DILIGENCE. See Due Diligence.
REASONABLE HOUR, what is, 146.
REASONABLE TIME, what constitutes, 7.

when question of law, 7.

when question of fact, 7.

in case of instrument payable on demand, 100.
instrument payable on demand must be presented within,

142-145.

where check is negotiated, 144.

for presentment of check, 248, 249, 250.

REFEREE IN CASE OF NEED, 215.
RENUNCIATION, effect of, 204.

how made, 204.

REPEAL, laws repealed, 259.

REPRESENTATIVE CAPACITY, person indorsing in may nega-
tive personal liability, 86.

SATURDAY, instrument falling due on, 158-160.
SEAL does not affect negotiable character, 26, 27.
of corporation, 26, 27.

SECONDARILY LIABLE, meaning of term, 6, 7.
SHORT TITLE of negotiable instruments law, 2.

SIGHT, instrument payable at sight is payable on demand, 28, 29.

« ÀÌÀü°è¼Ó »