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NEGOTIABLE INSTRUMENTS (contin- NEGOTIABLE INSTRUMENTS (contin-
ued)

ued)
cross-complaint filed, denial unnec. statute of limitations raising presump-
essary, 3008.

tion of payment, 3012.
secondary evidence, 3008.

surety's agreement and liability, 3012.
sufficiency of findings to support judg. NEGOTIABLE INSTRUMENTS LAW
ment, 3008.

(UNIVERSAL)
amount expressed in note, expert testi-

acceptance refused, notice of non-pay-
mony as to, 3008.

ment, 3892.
attorney's fee, provision for, effect on

acceptor, liability of, 3882.
negotiability, 3013.

accommodation party, liability of, 3876.
bank notes. See tit. Bank Notes and

additional provisions not affecting nego
Certificates of Deposit.

tiability, 3871.
bills of exchange. See tit. Bills of Ex.

agent
change.

authority, how shown, 3875.
certificate of deposit. See tit. Bank

liability of, 3884.
Notes and Certificates of Deposit.

liability of person signing as, 3875.
checks. See tit. Checks.

may give notice of dishonor, 3888, 3889.
consideration and want thereof, 3009.

signing by, 3875.
presumption of consideration, 3009.

alteration of negotiable instrument, ef-
costs of suit on, provision for, effect on

fect of, 3894.
negotiability, 3013.

material alteration, what is, 3894.
endorsement, presentment, and demand,

ambiguous instrument, construction of,
3010.

3874.
extension of time of payment, 3010.

antedated paper, 3873.
fraud in procuring note, bona fide holder,

application of act, 3908.
3010.

assumed name, liability of person sign-
giving new note, renewals, 3010.

ing in, 3874.
must be for unconditional payment of

bank. See "payable at bank," this title.
money, 3013.

bankrupt, notice of dishonor to, 3890.
negotiability of paper

bearer, indorsement of instrument pay-
as to generally, 3011,

able to, 3879.
attorney's fee provided for in, as affect.
ing, 3013.

when payable to, 3872.
costs of suit on, provided for in, as

bills of exchange
affecting, 3013.

acceptance
must be for unconditional payment of

by separate instrument, 3896.
money, 3013.

general acceptance, what constitutes,
note given to induce conveyance of land

3897.
to railway, 3011.

holder entitled to acceptance on face
note secured by real estate, action to

of bill, 3896.
enforce, 3011.

how made, 3896.
notice of dishonor, instalment note, 3013.

kinds of, general, 3897.
option to declare note due on default of

qualified, 3897.
interest, 3012.

liability of drawee retaining or de-
payment and presumption thereof, 3012.

stroying bill, 3897.
statute of limitations, 3012.

of incomplete bill, 3897.
presumption
of consideration, 3009.

promise to accept, when equivalent

to acceptance, 3896.
of payment, 3012.
statute of limitations, 3012,

qualified acceptance, 3897.
promissory notes. See tit. Promissory

rights of parties to, 3897.
Notes.

rights of parties to qualified accept-
renewals, 3010.

ance, 3897.
rescission, payment into court, 3012.

time allowed drawee to accept, 3897.

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NEGOTIABLE INSTRUMENTS LAW NEGOTIABLE INSTRUMENTS LAW
(UNIVERSAL) (continued)

(UNIVERSAL) (continued)
acceptance for honor

time allowed to accept, 3897.
agreement to accept for honor, 3902, drawer, released by failure to present
bill may be when, 3901.

for acceptance when, 3898.
deemed to be when, 3902.

duty of holder where bill is not ac-
dishonor of bill accepted for honor,

cepted, 3899.
3903.

foreign bill of exchange, 3895.
how made, 3902.

form and interpretation of
liability of acceptor for honor, 3902.

addressed to more than one drawee,
maturity of bill payable after sight

3895.
accepted for honor, 3902.

definition of, 3895.
presentment for payment to acceptor

foreign, 3895.
for honor, 3902,

inland, 3895.
delay in making is excused when,

not an assignment of funds in hands
3903.

of drawee, 3895.
protest of bill accepted for honor,

referee in case of need, 3896.
3902.

general acceptance, 3897.
when bill may be, 3901.
when deemed to be, 3902.

holder, duty on where bill is not ac-

cepted, 3899.
acceptor for honor, liability of, 3902.
acceptor insolvent, bill may be pro-

holder of entitled to acceptance on
tested before maturity, 3901.

face of bill, 3896.
agreement to accept for honor, 3902,

holder refusing to receive payment for
bills in set

honor supra protest, 3904.
acceptance of, 3905.

holder of, rights on non-acceptance,
constitute one bill, 3905.

3899.
different parts negotiated, rights of

honor
holders, 3905.

acceptance for. See “acceptance for
discharge of one of a set, effect of,

honor," this subdivision.
3905.

payment for. See "payment for
indorsement of two or more, liability,

honor," this subdivision.
3905.

incomplete bill, acceptance of, 3897.
liability of holder who indorses two indorsee, released by failure to pre-
or more, 3905.

sent for acceptance when, 3898.
payment by acceptor, 3905.

inland bill of exchange, 3895.
rights of holders where different interpretation of. See “form and inter.
parts are negotiated, 3905.

pretation," this subdivision.
days on which presentment for ac- liability of acceptor for honor, 3902.
ceptance may be made, 3899.

lost, etc., bill, protest of, 3901.
definition of bill of exchange, 3895.

maturity of bill payable after sight
delay in presentment to acceptor for

accepted for honor, 3902.
honor for payment excused when, maturity, protest before where
3903.

ceptor insolvent, 3901.
destroying bill by drawee, liability, non-acceptance of
3897.

dishonors when, 3899.
dishonor of bill accepted for honor,

duty on holder on, 3899.
3903.

protest for, 3901.
dishonored by non-acceptance when,

rights of holder on, 3899.
3899.

non-payment, protest for, 3901.
drawee

payee for honor, rights of, 3904.
more than one, 3895.

payment for honor
not an assignment of funds in hands

declaration before, 3903.
of, 3895.

effect on subsequent parties, 3904.
retaining or destroying bill, liability, how made, 3903.
3897.

made by whom, 3903.

ac-

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NEGOTIABLE INSTRUMENTS LAW NEGOTIABLE INSTRUMENTS LAW
(UNIVERSAL) (continued)

(UNIVERSAL) (continued)
preference of parties offering to subsequent parties, effect on of pay-
make, 3904.

ment for honor, 3904.
rights of payee for honor, 3904.

blank indorsement, 3878.
where holder refuses to receive pay- how changed to special, 3878.
ment supra protest, 3904.

blanks, when may be filled, 3873.
who may make, 3903.

broker, liability of, 3884.
presentation for acceptance

burden of proof of unintentional cancela-
as to when must be made, 3898.

tion, 3894.
days on which may be made, 3899. cancelation, unintentional, burden of
duty of holder where bill is not ac-

proof, 3894.
cepted, 3899.

cashier, instrument drawn or indorsed to
excused where, 3899.

another as, effect of, 3879.
failure to present, releases drawer certainty as to sum, what constitutes,
and indorser when, 3898.

3871.
how made, 3898.

checks. See "promissory notes and
on what days may be made, 3899.

checks," this title.
rights of holder where bill is not computing time. See “time," this title.
accepted, 3899.

conditional indorsement, 3878.
time insufficient, where it is, 3899. consideration
when dishonored by non-acceptance, as to what constitutes, 3876.
3899.

effect of failure of, 3876.
when must be made, 3898.

effect of want of, 3876.
where excused, 3899.

failure of, effect of, 3876.
where time is insufficient, 3899.

holder for value. See "holder for
presentment for payment to acceptor

value," this title.
for honor, 3902.

when lien on instrument constitutes,
delay in excused when, 3903.

3876.
promise to accept equivalent to accep- liability of accommodation party, 3876.
tance when, 3896.

presumption of, 3875.
protest

want of, effect of, 3876.
before maturity where acceptor in- what constitutes, 3876.
solvent, 3901.

what constitutes holder for value, 3876.
bill accepted for honor, 3902,

when lien on instrument constitutes,
bill lost, etc., 3901.

3876.
by whom made, 3900.

construction where instrument ambig.
dispensed with when, 3901.

uous, 3874.
for non-acceptance, 3901.

continuation of negotiable character,
for non-payment, 3901.

3880.
how made, 3900.

corporation, indorsement by, effect of,
in what cases necessary, 3900,

3875.
lost bill, protest of, 3901.

date, presumption as to, 3873.
when to be made, 3900.

date, when may be inserted, 3873.
where to be made, 3900.

death of party, notice of dishonor, 3889.
qualified acceptance, 3897.

death of principal debtor, presentment
rights of parties to, 3897.

for payment, 3886.
referee in case of need, 3896.

defective title when, 3881.
retaining bill by drawee, liability, 3897. what constitutes notice of defect, 3881.
rights of holder where bill is not ac- defenses, when subject to original, 3882.
cepted, 3899.

definition and meaning of terms, 3907.
rights of parties as to qualified accep- delay in making presentment for pay-
tance, 3897.

ment excused when, 3886.
set of bills. See "bills in set," this delay in giving notice of dishonor, how
subdivision.

excused, 3892.

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NEGOTIABLE INSTRUMENTS LAW NEGOTIABLE INSTRUMENTS LAW
(UNIVERSAL) (continued)

(UNIVERSAL) (continued)
delivery

due course, payment in, what constitutes,
incomplete instrument, 3874.

3887.
liability of indorser, 3884.

due course, what constitutes a holder in,
negotiation by, warranty, 3883.

3881.
when effectual, 3874.

rights of, 3881.
when presumed, 3874.

when person not deemed a, 3881.
demand

who deemed to be, 3882.
on principal debtor, effect of want of, due notice of dishonor, sender deemed
3884.

to have given when, 3890.
presentment where instrument is pay. effect of
able on, 3885.

an instrument drawn or indorsed to a
presentment where instrument is not

person as cashier, 3879,
payable on, 3885.

forged indorsement, 3875.
when payable on, 3872.

indorsement by infant or corporation,
deposit on post office of notice of dis-

3875.
honor, what constitutes, 3891.

notice of dishonor where given by
determinable future time, what consti.

party entitled, 3889.
tutes, 3871.

notice given on behalf of holder, 3889.
discharge of negotiable instrument

restrictive indorsement, 3878.
alteration of instrument, effect of, 3894. signing by procuration, 3875.
what constitutes a material altera-

signing in assumed name, 3874.
tion, 3894.

signing in trade name, 3874.
by cancelation, 3894.

transfer without indorsement, 3880.
unintentional, burden of proof, 3894. want or failure of consideration, 3876.
by renunciation by holder, 3893.

entire instrument, indorsement must be
discharge of person secondarily liable

of, 3877.
on, 3893.

exhibiting instrument on presentment for
how discharged, 3893.

payment, 3885.
of persons secondarily liable on, 3893. failure of consideration, effect of, 3876.
party secondarily liable on, discharge filling blanks, when, 3873,
of, 3893.

filling in date, when, 3873.
renunciation by holder, 3893.

form and interpretation
right of party discharging instrument, as to generally, 3870.
3893.

additional provisions not affecting ne-
what constitutes a material alteration,

gotiability, 3871.
3894.

antedated, 3873.
when person secondarily liable on is blanks, when may be filled, 3873.
discharged, 3893.

certainty as to sum, what constitutes,
dishonor

3871.
by non-payment when, 3887.

construction where instrument ambig.
liability of person secondarily liable,

uous, 3874,
3887.

date
notice of. See "notice of dishonor,"

as to presumption as to, 3873,
this title.

antedated, 3873.
dispensing with presentment for pay-

postdated, 3873.
ment, 3886.

delivery
drawer

incomplete instrument, 3874.
liability of, 3882.

when effectual, 3874.
notice of dishonor need not be given

when presumed, 3874.
to when, 3892.

determinable future time, what con-
presentment for payment not required

stitutes, 3871.
to charge, when, 3886.

effect of indorsement by infant or cor-
drawn to a person as cashier, effect of,

poration, 3875.
3879.

forged signature, effect of, 3375.

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NEGOTIABLE INSTRUMENTS LAW NEGOTIABLE INSTRUMENTS LAW
(UNIVERSAL) (continued)

(UNIVERSAL) (continued)
form of negotiable instrument, 3870.

in representative capacity, 3879.
incomplete insti nent not delivered, how made, 3877.
3874.

kinds of, 3877.
liability of person signing as agent, must be of entire instrument, 3877.
3875.

of instrument payable to bearer, 3879.
liability of person signing trade or of instrument to a person as cashier,
assumed name, 3874.

effect of, 3879.
omissions, 3872.

place of, presumption as to, 3879.
particular money, 3872.

qualified, 3878.
postdated, 3873.

restrictive, what is, 3878.
promise unconditional when, 3871,

effect of, 3878.
seal, 3872.

special, 3878.
signature by agent, authority, how changing blank indorsement to, 3878.
shown, 3875.

striking out, 3880.
terms, when sufficient, 3873.

time of, presumption as to, 3879.
when date may be inserted, 3873.

transfer without, effect of, 3880.
when payable on demand, 3872.

where name is misspelled, 3879.
when payable to bearer, 3872.

where payable to two or more persons,
when payable to order, 3872.

3879.
form of negotiable instrument, 3870.

indorser
form of notice of dishonor, 3889.

general liability of, 3883.
forged signature, effect of, 3875.

irregular, liability of, 3883.
future time, determinable, what consti. notice of dishonor need not be given
tutes, 3871,

to when, 3892.
general indorser, liability of, 3883.

presentment for payment not required
holder

to charge, when, 3886.
effect of notice given on behalf of, when person deemed an, 3883.
3889.

infant, indorsement by, effect of, 3875.
of bill of exchange. See "bills of ex- instrument
change," this title.

alteration of, effect of, 3894.
renunciation by as a discharge, 3893,

material alteration, what is, 3894.
right of to sue, 3880.

ambiguous, construction, 3874.
payment, 3880.

dishonored by non-payment when, 3887.
holder for

liability of person secondarily liable,
value, what constitutes a, 3876.

3887.
when lien on instrument constitutes, drawn or indorsed to a person as cash-
3876.

ier, effect, 3879.
holder in due course

how discharged. See "discharge of ne-
notice to before final payment, 3881.

gotiable instrument," this title.
rights of, 3881.

indorsement must be of entire, 3877.
what constitutes a, 3881.

must be exhibited on presentment for
when person not deemed a, 3881.

payment, 3885.
who deemed to be, 3882.

not payable on demand, presentment
holiday, computing time when last day

for payment, 3885.
falls on, 3907.

payable at bank, presentment for pay.
how indorsement made, 3877.

ment, 3885.
incomplete instrument not delivered, payable on demand, presentment for
3874.

payment, 3885.
indorsement

payable to bearer, indorsement of,
blank, 3878.

3879.
how changed to special, 3878.

payable to two or more persons, in-
by infant or corporation, 3875.

dorsement, 3879.
conditional, 3878.

prior party may negotiate when, 3880.
forged, effect of, 3875.

insertion of date, when, 3873.

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