ACCEPTANCE SUPRA PROTEST-(continued).
Liability of the acceptor supra protest, 312, 13.

as obligatory as if no protest had intervened, 312.

extends according for whose honour the acceptance made, 313.
it is only conditional, and presentment for payment must be made
to drawee, and protested in case of refusal, 313.

Right of an acceptor supra protest, 313, 14.

[cepts, 313.
he may claim indemnity from such person for whose honour he ac-
or from drawer or acceptor, 314.

when in case of bankruptcy of drawer equity will compel such
acceptor first to resort to drawer's estate, 314.

[ties, 314.
acceptor for the honor of indorser cannot sue any subsequent par-

ACCEPTOR. (See "Acceptance," " Drawee," "Acceptance supra protest."}
Defined who is an acceptor, 1. 27.

Of the liability of the acceptor, 239 to 245.

[ance.")
liable according to terms of acceptance, 239.-(See “ Accept•
is primarily liable to pay the bill, 239.

unless in the body of the bill or note it was made payable
at a particular place, acceptor cannot insist on presentment,
250. 321 to 332.

when not liable to pay re-exchange, 239.

executor liable personally if he accept a bill, 241.
liable though he has received no consideration, if bill in
hands of holder for value, 89. 239, 240.

and this though holder was aware of the circumstance, 239.
liable though drawer's name forged, 241.-(See " Forgery.")
the obligation of an acceptor in general irrevocable, 242.
in what cases he may revoke or alter his acceptance, 242, 3,
4, 5. 251, 2.

after acceptor has cancelled his acceptance, and holder noted
the bill, he cannot afterwards sue such acceptor, 245.
two persons cannot be separately liable as acceptors, 215, 16.
How liability of acceptor discharged, 245 to 252.-(See " Waiver.")
cannot be discharged in general but by payment, express re-
lease, or waiver, 245, 6, 7.

an express verbal discharge sufficient, 247. 249. ·
but it must be an absolute renunciation, 247.
what amounts to a discharge, 249.

if acceptance made in a foreign country, and obligation by
law of that country vacated, the acceptor is discharged, 246.
is not discharged by a release from drawer to, before such ac-
ceptance made, 248.

is discharged if holder obtains the property, on faith of which
the acceptance was made, 249.

liability of a special acceptance discharged by a general pro-
test or notice of dishonor, 238. 245. 250.

not discharged by neglect to present a bill payable at a
banker's, 250. 327.

when holder giving time to drawer does not discharge accom-
modation acceptor, 250.

holder guilty of laches in regard to a bill indorsed over by
acceptor, in discharge of his acceptance, releases acceptor,

251.

otherwise if the bill was not indorsed by acceptor, 251.
how far an alteration of an acceptance will discharge the
acceptor, 251, 2.

Of indemnity to acceptor, and his right, 255, 6.

what security as indemnity should be taken by accommoda-
tion acceptor, 255.-(See " Accommodation Bill.”)

ACCEPTOR-(continued).
Miscellaneous points.

release by drawer to acceptor don't affect payee's right of ac-
tion, 6.

set-off due from drawer to acceptor, don't affect holder's ac-
tion, 6.

of a bill who was an infant at the time of drawing, but of age
when accepted, is liable, 22.

in an action against acceptor infancy of indorser no defence, 26.
acceptor for the honour, who is, 29.-(See "Acceptance supra
protest.")

obligations of an acceptor for the honour, 30.

discounting his own acceptance at a premium exceeding 5 per cent.
not usury, 100. 114.

refusing to give acceptance or payment, notice must be given to
drawer, 125.

time for payment given to, discharges the other parties to a
bill, 127.

alteration of bill in the date after acceptance without consent of
acceptor, makes bill void, 130.

exchange of an acceptance by one, with another, is a valuable con.
sideration, 135.

is a negociation, 135. 151.

of an accommodation bill, may claim indemnity from drawer, 138.
accommodation acceptor may retain money in his hands, 255, 441.
is bound by a conditional indorsement made before acceptance,
179.

the same by a qualified one, 180.

but if an indorsement of part of the money mentioned is made
after acceptance, he is not liable, 181.

not entitled to notice of indorsements, 181.

who is also one of several drawers not entitled to notice of dis
honor, 274.

cannot in general call on an indorser, 184.-(See "Holder.")

of a bill, when no right to refuse payment of it, because it is lost,
195.
[lost, 196.
may be sued in equity for non-payment of a bill stated to be
there cannot be a series of to same bill, 215. 312.

and if there are two acceptors, one of whom was not a drawee,
he is not liable on the bill, 216.

nor to any other form of action, if consideration be not ex-
pressed, 216.

[220.
ought not to pay his acceptance if he knows of drawer's failure,
otherwise if he does not know of it, 220, 221.—(See “ Bankrupt.")
if holder make acceptor executor, and die, right of action is ex-
tinguished, 443.

discharge of an acceptor by an insolvent act, does not prevent an
action against other parties, 381.444.

if a bill, purport to be drawn by a firm, and the declaration
state, that certain persons drew, &c. acceptor is estopped from
disputing the fact, 453.

proceedings will not be stayed in an action against, on a bill,
if holder sues him, drawer, and indorsers, but on payment of
the debt and costs of all the actions, 473.-(See "
Staying Pro-
ceedings.")

what the best course to pursue in this case, 473.

acknowledgment by, of debt due, what sufficient to bar the Sta-
tute of Limitations, 479.- (See “ Acknowledgment," "Limi
tations.")

ACCEPTOR-(continued).
Miscellaneous points.

a receipt indorsed on back of bill primâ facie evidence of payment
by, 511. 524-(See " Evidence.")

production by him must be accompanied by proof of circulation
after acceptance, and evidence of hand-writing to receipt, 524.
accommodation acceptor cannot sue drawer on bill, 523.

when he does sue drawer specially, what he must prove, 523, 4.—
(Sec "Accommodation Bill," "Evidence.")

drawer of accommodation bill, when no witness for the ac
ceptor, 530.

but if acceptor release such drawer he will be competent, 530.
but drawer in action against acceptor for value, is competent, 531:
(See "Witness.")

when a competent witness in general, 532.-(See "Witness.")
sum recoverable against, 535 to 544.-(See " Damages.")
Of the liability of a party promising to pay a bill, 252 to 254,
the drawee or any other may make himself liable to pay a bill by
promise so to do, even though the bill is invalid, 252, 3.
and the amount may be recovered under the common money
counts, 253.

an executor liable to pay draft, if he promise so to do, 253.
but such person or executor must have funds in his hands, and
expressly promise to pay, or holder cannot recover, 254.

ACCIDENT,

how far an excuse for delay in notice, 274, 5. 288, 9.

ACCOMMODATION BILL-(See "Consideration," "Acceptance.")
how far considered pernicious, 5.

liability of the drawer of a bill for his own accommodation, 138. 255.
liability of an indorser of an accommodation bill, 183, 4, 189, 90.
liability of the accommodation acceptor, 89. 239, 40.

want of consideration in an action by a bona fide holder will not dis-
charge the acceptor, 89, 90. 240.

acceptor of, may claim indemnification from drawer, 138. 441.
rights of an accommodation acceptor in general, 255, 6. 441.
may be indorsed by a bankrupt after his bankruptcy, 151.

but this is otherwise if the bill be accepted in consideration of an ex-
change of acceptances, 151.

in action against acceptor of, by an indorsee after the bill became
due, in order to discharge such acceptor, he must shew that plaintiff
gave no value for it, 167.

acceptor of, is liable to an indorser for the like accommodation, 189.
and in case of the acceptor's bankruptcy may prove under commission,
189.

accepted for a particular purpose cannot be applied by a holder with
notice to any other use, 241.

holder bonâ fide may retain for a subsequent balance, 240.
what a waiver of the liability of the acceptor, 249.
[of an, 250.
holder with notice giving time to drawer does not discharge the acceptor
acceptor of an, should take from drawer a written undertaking as an
indemnity, 255.

and when sum above £20, should be stamped as an agreement, 255-
when bankruptcy of drawer is apprehended, a counter bill should be
taken, 255.

[255.441.

when no express contract given, the law implies contract to indemnify,

ACCOMMODATION BILL-(continued).

an agent accepting an, for his employer, may retain money of his prin-
cipal in his hands to indemnify himself, 255, 441.

the same where a person not an agent does so sed quære, 255. 441.
and this though drawer commits an act of bankruptcy, 255.
acceptor of, may prove under a commission of bankruptcy against
drawer, though he did not pay till after the act of bankruptcy, 256.
drawer of, not entitled to notice of dishonour, 258.
[581.
no consideration between payee and drawer of a bill, but only between
payee or acceptor, such a bill not to be deemed an accommodation
transaction, 260.

drawn for the accommodation of payee, though drawer had no effects
in drawee's hands, but payee had, such drawer entitled to notice, 261.
drawn for accommodation of remote indorsee, and prior names lent
him, indorser entitled to notice, 262.

accepted for accommodation of drawer, and discounted by a banker
for him, and then dishonoured, and afterwards drawers account was
in his favour, bill to be considered as paid, 370. 383.

holder of, may prove under drawer's commission, though he has ac-
cepted security, and given time to acceptor, 377.

holder of a note made for accommodation of payee, does not by re-
leasing, giving time, or taking part payment from payee, discharge
maker, 381, 2.

holder of, does not discharge the acceptor by taking part payment,
and a promise on the back of the bill to pay residue at an enlarged
time from drawer, 382, 3.

this doctrine, though once doubted, now fully established, 383.
but the acceptor of an accommodation bill is discharged, if the holder
(being a banker of the drawer,) receive from him enough to cover
it, 370. n. 3. 383, 4.

a party accepting a bill for drawer's accommodation, which is paid.
by another for honour of drawer, is not liable to be sued by the
party paying, 409.

to entitle acceptor of an, to recover from drawer in an action for
money paid, or specially for not indemnifying, what evidence re-
quired, 510. 523, 4.

and what is, and what not primâ facie evidence of circulation and pay-
ment by acceptor, 510. 523, 4.-(See "Evidence.")

who acceptor of, cannot sue drawer of, specially on bill, 523.
drawer of, cannot be witness of the usurious consideration given for it
in an action against acceptor, 530.-(See "Witness.")

ACKNOWLEDGEMENT-(See "Admission," "Evidence.")

of one of several drawers, how far evidence to take case out of statute,
478, 9, 490.-(See " Limitations.")

a letter written by one maker to the other of a joint and several in-
strument, desiring him to settle debt, sufficient to take case out of
statute, 478, 9.

by one partner to bind the other, must be clear and explicit, 478, 9.
of acceptor of bill of debt being due, under misapprehension of law
against him, 480.

of liability, what evidence of right of action dispensed with, 496.
ACT OF BANKRUPTCY.-(See "Bankrupt" and "Bankruptcy.")
effect of as to bills, &c. 149 to 159. 617 to 624.

ACTION OF ASSUMPSIT ON A BILL OR NOTE.
most usual remedy in case of bills and notes, 438.

by or against whom action may be brought, 438 to 445.

where legal right created or liability imposed, they may be enforced, 458.

ACTION OF ASSUMPSIT ON A BILL OR NOTE—(continued).

a person may sue on a note payable to plaintiff in trust for another, 438.
a wife may join husband in an on a note made payable to her during
Coverture, 438.

where there are several indorsers one of them may sue acceptor or
drawer, and strike out all names below his own, 438, 9. 443.
where a merchant joins his clerk's name to his firm, the action must
be in joint names, though he receive no profit or bear no loss, 439.
otherwise if distinctly proved he had no interest, 439.

if an action is brought on a bill, and afterwards indorsed over to a third
person who knows that fact, the action may still be continued, 439.
but if such third person bring another action, the court will stay his
proceedings, 439.

drawer of a bill may bring an action against a bankrupt acceptor, who
has not obtained his certificate, 439.—(See“ Bankrupt.”)

may be sustained by a bonâ fide holder against all parties to a bill, &c.
who became so previously to himself, 439, 440. 443.

payee may sue acceptor whether he accepted as drawee, or for the honor
of drawer, and in each case drawer also, 439.

indorsee may sue drawer acceptor, and all prior indorsers, 439.
assignee by mere delivery, may sue all parties who names are on bill,
but not those whose names are not on it, 439. 40.

excepted only him from whom he received it, 440.

and then only when consideration was a precedent debt, or a debt
arising at the time, 440.

and not when the bill is discounted or bought, 440.

a person receiving a bill from drawer after it was dishonored by ac-
ceptor, and paid by drawer, may sue such acceptor in his own
name, 440.

drawer may sue on bill on refusal to pay a bill already accepted, 440.
but not on refusal to accept, 440.

in such case action must be on the original consideration, 440.
in some cases specially on the contract to accept, 440.

drawer may sue acceptor if he has paid the bill, and bill is payable to
the order of a third person, 440.

acceptor of a bill having been charged in execution by the holder on it,
and discharged under lord's act, may be charged in execution on
the same bill by the drawer who has paid it, 441.

the acceptor for the accommodation of drawer, may such drawer, 441.
a person paying bill supra protest, may sue all parties but the person
he paid, 441.

bail of the maker of a promissory note who have paid it, cannot sue.
indorser, 441.

a banker paying a customer's acceptance made payable at his house,
cannot sue thereon, 441, 2.
[442.
no action can be maintained by a prior party against a subsequent one,
no action sustainable against the immediate party from whom bill
received, unless value was given for it, 442.

what objections may be taken to an action at suit of a person who
became holder after due or paid, 163 to 168.-(See" Indorsement.")
what laches in the holder of a bill, will be a forfeiture of his right
of action, 256 to 309.-(See "Laches ;" and "Notice of Non-
acceptance.")

if holder make acceptor executor, right of action extinguished, 443.
nless the executor formally renounce, 443.

when bill is joint and several, sometimes advisable to proceed in sepa
rate actions, 443.