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ARTICLE VII.

BILLS IN A SET.

$3259. Bills in sets constitute one bill. 8 3260. Right of holders where different parts are negotiated. 8 3261. Liability of holder who indorses two or more parts of a set to different persons. 8 3262. Acceptance of bills drawn in sets. $ 3263. Payment by acceptor of bills drawn in sets. $ 3264. Effect of discharging one of a set.

8 3259. BILLS IN SETS CONSTITUTE ONE BILL. Where a bill is drawn in a set, each part of the set being numbered and containing a reference to the other parts, the whole of the parts constitutes one bill.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1558. In effect July 31, 1917.

$ 3260. RIGHT OF HOLDERS WHERE DIFFERENT PARTS ARE NEGOTIATED. Where two or more parts of a set are negotiated to different holders in due course, the holder whose title first accrues is as between such holders the true owner of the bill. But nothing in this section affects the rights of a person who in due course accepts or pays the part first presented to him,

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917,

p. 1558. In effect July 31, 1917. $ 3261. LIABILITY OF HOLDER WHO INDORSES TWO OR MORE PARTS OF A SET TO DIFFERENT PERSONS. Where the holder of a set indorses two or more parts to different persons he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1558. In effect July 31, 1917.

& 3262. ACCEPTANCE OF BILLS DRAWN IN SETS. The acceptance may be written on any part and it must be written on one part only. If the drawee accepts more than one part, and such accepted parts are negotiated to different holders in due course, he is liable on every such part as if it were a separate bill.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1558. In effect July 31, 1917.

8 3263. PAYMENT BY ACCEPTOR OF BILLS DRAWN IN SETS. When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1558. In effect July 31, 1917.

8 3264. EFFECT OF DISCHARGING ONE OF A SET. Except as herein otherwise provided where any one part of a bill drawn in a set is discharged by pay. ment or otherwise the whole bill is discharged.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1558. In effect July 31, 1917.

CHAPTER III.
PROMISSORY NOTES AND CHECKS.

ARTICLE I.

$ 3265. Promissory note defined.
$ 3265a. Check defined.
8 3265b. Within what time a check must be presented.
$ 3265c. Certification of check; effect of.
8 3265d. Effect where the holder of check procures it to be certified.
$ 3265e. When check operates as an assignment.

8 3265. PROMISSORY NOTE DEFINED. A negotiable promissory note within the meaning of this title is an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

§ 3265a. CHECK DEFINED. A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this title applicable to a bill of exchange payable on demand apply to a check.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1559. In effect July 31, 1917.

$ 3265b. WITHIN WHAT TIME A CHECK MUST BE PRESENTED. A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1559. In effect July 31, 1917.

8 3265c. CERTIFICATION OF CHECK; EFFECT OF. Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

8 3265d. EFFECT WHERE THE HOLDER OF CHECK PROCURES IT TO BE CERTIFIED. Where the holder of a check procures it to be accepted or certified the drawer and all indorsers are discharged from liability thereon.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

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$ 3265e. WHEN CHECK OPERATES AS AN ASSIGNMENT. A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. in effect July 31, 1917.

CHAPTER IV.

GENERAL PROVISIONS.

ARTICLE I.

$ 3266. Definitions and meaning of terms.
$ 3266a. Person primarily liable on instrument.
$ 3266b. Reasonable time, what constitutes.
§ 3266c. Time, how computed, when last day falls on holiday.
$ 3266d. Application of act.

$ 3266. DEFINITIONS AND MEANING OF TERMS. In this title, unless the context otherwise requires

"Acceptance" means an acceptance completed by delivery or notification. "Action" includes counterclaim and set-off.

"Bank” includes any person or association of persons carrying on the business of banking, whether incorporated or not.

"Bearer" means the person in possession of a bill or note which is payable to bearer. "Bill” means bill of exchange, and "note" means negotiable promissory note.

Delivery” means transfer of possession, actual or constructive, from one person to another.

"Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof.

"Indorsement” means an indorsement completed by delivery. "Instrument" means negotiable instrument.

"Issue" means the first delivery of the instrument complete in form, to a person who takes it as a holder.

“Person” includes a body of persons, whether incorporated or not.
"Value" means valuable consideration.
"Written” includes printed, and "writing" includes print.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1559. In effect July 31, 1917.

$ 3266a. PERSON PRIMARILY LIABLE ON INSTRUMENT. The person "primarily" liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are “secondarily" liable.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1560. In effect July 31, 1917.

8 3266b. REASONABLE TIME, WHAT CONSTITUTES. In determining what is a "reasonable time" or an “unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.

History: Enactment approved June 1, 1917, Stats, and Amdts. 1917, p. 1560. In effect July 31, 1917.

8 3266c. TIME, HOW COMPUTED, WHEN LAST DAY FALLS ON HOLIDAY. Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917, p. 1560. In effect July 31, 1917.

8 3266d. APPLICATION OF ACT. The provisions of this title do not apply to negotiable instruments made and delivered prior to the taking effect hereof. In any case not provided for in this title the rules of law and equity including the law merchant shall govern.

History: Enactment approved June 1, 1917, Stats. and Amdts. 1917,

p. 1560. In effect July 31, 1917. 8 3281.

recover the agreed value of the stock.

Gillin v. Hopkins, 28 Cal. App. 579, 153 Pac. 1. Who may recover damages.—Where it

724. is agreed between the owner of a tract

§ 3283. of land and an agent to whom the exclusive

1. Future damages.Compensation may sale thereof had been given for a period

be awarded for pain suffered or to be of years, that the agent might for the pur

necessarily suffered from the injury. The pose of raising money for the building of

damages must be limited to such as are cerhouses upon the lots into which he had

tain to result.-Pouchan v. Godeau, 167 Cal. subdivided the tract, execute a mortgage on 692, 140 Pac. 952. the property to run for not less than two 2. The plaintiff is entitled only to such years, and that the owner would convey damages as by the evidence it is reasonably the property to the agent, or his nominee,

certain that he will suffer in the future. for the purpose of making the loan, and

Damages determined by conjecture are not

damages which are “reasonably certain to that after the execution of the mortgage

result in the future.”—Rouse v. Pacific Elec. the property should be immediately recon

R, Co., 27 Cal. App. 772, 151 Pac. 164. veyed to the owner, the agent, after the obtaining of the loan and the execution $ 3287. of the mortgage, has no authority to extend

1. Interest on damager-Action based on the time of payment thereof, so far as the

contract.-Where the liability of the defenowner is concerned, and an agreement be

dant in an action is based upon contract tween the agent and the mortgagee for such

for goods sold at certain prices or at curan extension is not binding on the owner,

rent market value, interest is properly who may, upon the failure of the agent to

allowable on the amounts found due under pay as agreed, recover damages against

section 3287 of the Civil Code.—Brazil v. him in the amount of the full indebtedness

Azevedo, 32 Cal. App. 364, 162 Pac. 1049. without first paying the mortgage debt.

2. -Administrator violating trust.The Turner v. Howze, 28 Cal. App. 167, 151 Pac.

rule that in damages for tort or breach of 751.

contract interest can not be allowed where 2. Where one person agrees to give an the amount of damages is unliquidated and other a certain number of shares of stock incapable of being made certain has no to compensate him for making a sale of application in the case of an administrator stock, the remedy of the latter, in case of a who has violated his trust by using estate breach of the agreement, is an action for property for his personal benefit.-Estate of damages; he has no cause of action to Piercy, 168 Cal. 755, 145 Pac. 91.

DIVISION FOURTH.

PART I.

RELIEF.

TITLE II.
COMPENSATORY RELIEF.

CHAPTER II.
MEASURE OF DAMAGES.

ARTICLE I.

DAMAGES FOR BREACH OF CONTRACT.
$ 3320. Liability for nonpayment of check [new].

damages is that provided in this section $ 3300.

and not that of section 3311.-Griffith v. MEASURE OF DAMAGES FOR BREACH

Welbanks & Co., 29 Cal. App. 238, 155 Pac. OF CONTRACT.

120. 1. As to generally.

5. Contract to buy automobiles.-A com2. Abandonment of building contract.

plaint in an action for damages for breach 3, 4. Contract to buy apples.

of an agreement to purchase from the plain5, 6. Contract to buy automobiles.

tiff at least twenty-five automobiles, which 7, 8. Contract to manufacture,

alleges that the defendant ordered, pur9. Contract to put in street-work, side

chased and paid for only four of the cars, walks, curbs.

and that if he had purchased the remaining, 10, 11. Contract to supply oil.

twenty-one cars as agreed the plaintiff's 1. As to generally.-Courts will not, ex profit on each car would have been $100, cept where exemplary damages are given, sufficiently states, in the absence of a speallow a party to a contract to recover on cial demurrer, the plaintiff's damage either its breach more than he would have received under the rule fixed by section 3300 of the by its due performance.—Johnson v. Hinkel, Civil Code or by section 3311, as such alle29 Cal. App. 78, 154 Pac. 487.

gation is equivalent to a statement that 2. Abandonment of building contract the price which defendant agreed to pay The measure of damages for breach of a for each car was at least $100 more than building contract by abandonment is the the value of the car to the plaintiff.difference between the contract price and Thompson v. Hamilton Motor Co., 170 Cal. the cost of the building and the loss follow 737, Ann. Cas. 1917 A 677, 151 Pac. 122. ing the delay in its completion.-Dunne In 6. The right of the plaintiff to recover vestment Co. v. Empire State Surety Co., damages in such a case is not affected by the 27 Cal. App. 208, 150 Pac. 405.

fact that he did not have the cars on hand, 3. Contract to buy apples.-In an action

where it is shown that he could have profor breach of a contract to purchase all the cured them in a reasonable time if they apples growing on the leasehold of the had been ordered. -Thompson v. Hamilton plaintiff, it is error to award the plaintiff, Motor Co., 170 Cal. 737, Ann, Cas. 1917 A 677, as damages, the full contract price, without 151 Pac. 122. taking into account the cost of packing, 7. Contract to manufacture. The measnailing the shook, and hauling the apples ure of the plaintiff's damage for the defento the designated point of shipment and dants' wilful and wrongful violation of a putting them on board the cars, which the contract for the manufacture of soap acplaintiff was obligated to do, notwithstand- cording to a secret formula furnished by ing the apples were destroyed by the ele the former, where it is shown that the ments before harvesting, through the alleged defendants had knowledge that the purpose fault of the buyer in not furnishing the nec of the plaintiff was' to permanently estabessary materials for packing. -- Griffith v. lish a market for a soap of superior merit Welbanks & Co., 29 Cal. App. 238, 155 Pac. and value to be manufactured for him in 120.

exact accord with such formula is the 4. Where the property consists of a grow difference between the plaintiff's actual exing crop which was destroyed by the ele penditures in creating a market for the ments before it was harvested and was soap, including the value of his own sernever in a condition to be delivered to the vices, and the sum received by him from buyer, the just and equitable measure of the sales made of the soap delivered up to

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