for acceptor in an action against him, need not prove presentment of
the bill, 274.
a person who has secured payment of a bill, is entitled to notice, 296.
if two persons join in the making of a joint and several note, and one
is surety for the other, and holder knowing it, accept composition
from the other, the surety is discharged, 435.
a guarantee of a note not due at date of commission, is not proveable
under such commission, 561.
after a person made a guarantee to pay a debt, and discharged there-
from by bankruptcy and certificate, he is a competent witness, in re-
spect to such debt, 531.
HAND-WRITING—(See “ Evidence,” “ Witness.”)
of drawer as such considered as admitted in an action against the ac-
ceptor of a bill and maker of a note, 483.
and forgery of it, no defence unless proved that acceptance was made
before bill drawn, or acceptor saw it, 483.
in which case the drawer's hand-writing must be proved, 484.
when it must be proved by the subscribing witness, and when other
evidence of subscription admissible, 485.
if note attested by a subscribing witness who is dead, what proof of
defendant's hand-writing is sufficient, 486.-(See Subscribing Wit-
the same when subscribing witness had become insane, 486. [ness.")
when there are several acceptors or makers, the hand-writing of all
must be proved, 488. 503.
or if a partnership is proved, proof of the hand-writing of one partner,
or their agent is enough, 488, 9. 504.
and if partnership established proof of the admission of the hand-
writing by one partner to the acceptance is enough, 489.
signature of drawer or indorser, must be proved by a person who can
swear to hand-writing, 492.
the simplest method to prove hand-writing is by the person who saw
defendant subscribe the instrument, 492.
but this is not essential, and it will suffice to call any other witness, 492.
evidence of a person who saw the defendant write onçe, may be left to
the jury, 492,
but this will not extend to a case where drawee wrote his name in pre-
sence of witness, on purpose of shewing him how he wrote, 492. n. 2.
but comparison of hands is not admissible evidence, 492. note 2.
what is the usual course in these cases, 493.
a knowledge of hand-writing required by a course of correspondence,
is enough to enable a witness to swear to his belief of the hand-
writing, 493.
but barely seeing letters franked by him, is not sufficient, 493.
and a witness ought to judge solely from the impression the hand-
writing makes, 494.
[rule, 494.
what has been deemed primâ facie evidence of hand-writing under this
a clerk to the post office who never saw the defendant write, but whose
duty leads him to inspect franks, and detect forgeries, may be called
to give evidence as to the genuineness of the brand-writing, and if it be
forged, 494.
the true distinction as to admissibility of such evidence, 495.
the case of Revit v. Braham, considered as an existing authority to sup-
port this position, 495.
[lowed, 496.
comparison of hands unsupported by other circumstances, is never al-
and they will not suffer two papers, one the acknowledged hand-writing
of the defendant to be delivered to the jury to compare, 496.
but this rule is sometimes relaxed under particular circumstances, 496.
hand-writing may in general be proved by party's admission, 496.—(See
"Admission.")
HAND-WRITING-(continued).
if plaintiff's fail in proving defendant's hand-writing, yet if he prove
that he accepted, and paid bills make in like manner, he will recover,
and this though the instrument appear to be forged, 499.
[497.
on a promise to pay a bill after due, hand-writing of the defendant or
other party need not be proved, 498.
of drawer to an indorsement must be proved, even though bill payable
to his order in an action against acceptor, 500.
of first indorser must be proved in an action by bankers, at whose house
bill was payable, against acceptor, for money paid to his use, 500.
what other evidence necessary, 524.
[must be proved, 503.
if bill payable to order of several not partners, hand-writing of each
of fictitious payce, what will dispense with evidence of it, 504. 83. 4. n.8.
admission of indorser of his hand-writing to a note, evidence against
the maker, 506.-(See " Admission.")
[indorser, 508, 9.
of drawer and prior indorsers admitted by indorsement of a subsequent
of a person entitled to payment, must be proved to entitle acceptor of
an accommodation bill, to recover on production of the bill, with
receipt indorsed, 510.
hand-writing of drawer must be proved in a special action by accommo-
dation acceptor against drawer, 523.
[dence, 524.
of person entitled to make, must be proved before a receipt, is evi-
HOLDER (See " Indorsee," "Payee,” “Indorsement,” “ Transfer.")
who is the holder, 27.
what conduct he should pursue in case of loss of bill, 190 to 204.-(See
on non-acceptance, 256 to 310.-(See " Notice," "Non-acceptance.")
on non-payment, 393 to 408.-(See " Notice, "Non-payment.")
Miscellaneous Points.
must prove consideration in an action on a bill or note given by one
partner in fraud of the rest, 42.
of a bill of exchange, &c. bonâ fide, when entitled to recover, 90.-
(See "Usury," "Consideration," "Gaming.")
may now recover on bill founded on usury, Appendix 692.
a judgment in favour of a bonâ fide, aids the illegal consideration, 100.
bona fide of a bill when a loser on account of illegal consideration,
may sustain an action against his indorser on original contract, 104.
same if after agreement to take another bill and do other acts,
this agreement is not complied with, or such second bill is void, 124.
of a bill for which another has been given, may sue on the first bill,
in case the latter is not paid, 125.
bona fide of a bill cannot recover on it, if it has been altered even with-
out his knowledge, 134.-(See " Bill of Exchange." 31.)
holder without notice, may recover, though his indorser had no right
to transfer, 145,-(See " Bankrupt.")
(See "Executor.")
on death of holder, his executor or administrator may indorse, 159.-
how far the laches of the holder of a bill afterwards indorsed to a bonå
fide indorsee, without notice thereof, affects such indorsce, 162.-(See
"Laches.")
of a bill transferred to him after it was due, is liable to the same ob-
jections, and has the same advantages as if it were in the hands of
his immediate indorser, 165, 166.
[issued, 166.
this rule applies to a banker's check, transferred long after it was first
not prejudiced if such transfer was made by a party to it, 167.
what holder should do if he is indebted to a prior party, and suspects
his insolvency, 169. 182.-(See "Set-off.")
of a bill by turning a blank into a special indorsement, does not make
himself liable without adding his name, 174.
need not give notice of indorsements to acceptor, 181.
may effect a policy of insurance for due payment of bill, 182.
if a banker be a party to a bill, an holder may set off his claim on
him, against the amount of the bill, 169. 182.—(Sce“ Set-off.”)
if he received it for a particular purpose, must fulfil it, 182. 240.
what circumstances will alter this rule, 182, 3. [the bill, 184.
transfer to holder, gives a right of action to him against all parties to
but if it is payable to order, and not first indorsed, the holder can
only sue him from whom he received it, 184.
obligations of the assignor of a bill may be discharged by acts of, 189.
who loses a bill in what cases he must bear the loss, 190 to 204. (See
"Bills of Exchange," "Loss.")
must give notice to prior parties if drawee refuse to accept, 205.-(Seë
"Notice of Dishonor," " Non-acceptance.")
may, and in some cases must, protest for non-acceptance, 205.—(See
must give notice if drawee requires time, and he grants it, 214.
not obliged to acquiesce in an acceptance by an agent, 215.
may insist on the production of agent's authority, 215. [“ Acceptance.")
of a bill may refuse special acceptances, 221. 234. 238. 256.—(See
must give notice of special acceptance if he takes it, 235.
of an accommodation bill, how far allowed to recover on it, 240.
of a bill with an acceptance forged by indorser, may recover on another
given him by indorser, when he gave up the first, 242. [242.
otherwise if there is an agreement to stifle prosecution for the forgery,
of a bill receiving part of the money due on it, and enlarging the time
for payment of residue, is not a waiver of acceptance, 249.
of a bill not entitled to shew that defendant has sustained no actual
damage by omission of notice of dishonor, 272.
of a foreign bill, what he should do in case bill is dishonored, 280.
how he should give notice, 285 to 288.
if more convenient to him, may send notice by a special messenger,
and recover reasonable expences, 288.
when notice of dishonor should be given by, 288 to 292.
by whom such notice should be given, 292 to 295.
may resort to an indorser after a bill is dishonored, without calling on
drawer or acceptor, 296.
how the consequences of laches may be removed, 303 to 309.
when he may protest for better security, 309 to 310.
not obliged to receive an acceptance supra protest, 312.
on non-acceptance of a foreign bill, he should protest bill, before he
lets another accept for the honor, 312. [sentment for Payment.")
should in all cases make presentment for payment, 315.—(See “ Pre-
if holder is dead, when it becomes due, presentment for payment
must be by his executor, or personal representative, 318.
of a bill transferable only by indorsement, who got it without such in-
dorsement, should on presentment for payment offer indemnity, 318.
and if payment is then refused he may protest the bill, 318.
may still sue acceptor, though he neglect to make presentment for pay-
but this has been decided otherwise, 329.
[ment, 328.
refusing to accept payment of a bill, without the charges of a dupli-
cate protes, which drawee promised to pay, if he would discharge
drawce, 356.
ought not to give up bill when it is paid by drawee's giving a draft,
and if holder does so when taking check from acceptor, drawer, or
indorser, discharged, 368.
should not give time to acceptor, 371 to 379.
of a joint and several note, may enter up judgment against one, and
levy on a fi. fa. without discharging the other, 380.
what conduct should pursue on presenting for payment a partial
acceptance, 380.
in an action by the holder of a bill against a person who had received
money from acceptor to take it up, what defence may set up, 392.
if holder gives up bill on request of a party to another to pay same
out of a particular fund, he should seek payment from it, 393.
of a bank note, what right he acquires by possession, 427.-(See
"Bank Note.")
bonâ fide of a bill, &c. may sustain actions against all parties to it,
who became so previously to himself, 439.
rejecting an offer to pay debt and costs, court will restrain him from
taking out execution, 443.
may issue execution against all parties, but he cannot only levy, &c.
of proof of bills by.-(See " Bankruptcy.")
HOLIDAY. (See " Days of Grace," Sunday.")
when and where to be included in days of grace, 340.
if third day of grace be a Sunday, Christmas-day, or Good Friday,
the bill is due the day before, 340, 1.
Jews holy festival when it excuses delay in notice, 277.
HONOR(See "Acceptance supra protest," "Payment supra protest.")
payment of a bill of exchange for the honor of, makes a person a
party to it, 30.
protest.")
likewise an acceptance for the honor of, 30.-(See "Acceptance supra
payment of a bill for the honor, gives a right of action to the person
making such payment, 168.
[to such acceptor, 184.
acceptance for of in honor of an indorser, makes such indorser liable
breach of warranty is a complete defence, 526.
for a plate under £50 is illegal, 101.
but a deposit of £25 a side is sufficient, 101.
HUSBAND AND WIFE.-(See "Feme Covert," "Baron and Feme,"
"Married Woman.")
of the person signing, on trial of an issue on non est factum must be
adduced, 487.
of payee making indorsement must be proved in an action against the
drawer, 500.
but it in general lies on defendant to disprove the identity, 500.
of drawer's or indorser's residence when excuses delay in notice, 275, 6.
ILLEGAL CONSIDERATION.-(See "Consideration.")
what are illegal, and points relating to, 95 to 115.
how far an excuse for delay in notice, 274, 5.
INDEMNITY.-(See "Guarantee.)
acceptor of an accommodation bill may claim for drawer, 138, 255, 6.
to accommodation indorser, 189.
must be given when bill lost to entitle holder to payment of it, 195.
if offered, and payment be then refused, equity will relieve, and com-
pel defendant to pay costs, 196.
is required before holder of lost bill will be allowed to prove the debt
under a commission of bankruptcy, 197.
if tendered on the loss of a bill before or on the day due, indorsed in
blank, will not make the defendant liable at law, 197.
giving a bond of, is a new and good consideration to sustain an action
on a promise to pay a lost bill, 200.
what security should be taken by an acceptor of an accommodation
bill, 255.-(See " Accommodation Bill.")
implied where no express contract given, 255.
may be claimed by an acceptor supra protest against person for whose
honor he accepted, 314.-(See "Acceptance supra protest.")
should be offered by the holder of a bill transferable only by indorse-
ment of the acceptor if he got it without such indorsement, 318.
the declaration in an action by accommodation acceptor against drawer,
must be on the promise of indemnity to enable him to prove impri-
sonment in execution as special damage, 524.-(See "Accommodation
Bill," "Evidence.")
lies against agent, banker, &c. for fraudulent disposition of bills, 147.
(See Statutes Appendix, 692 to 697.)
lies for falsely swearing an affidavit to hold to bail, 446.
a trial of an, for stealing a note, notice to produce it unnecessary, 485.
INDORSEE. (See "Holder," Indorsement," "Indorser," "Transfer.")
of a bill of exchange, who is such, 1. 29.
right of action on a bill not affected by a release from drawer to ac-
ceptor, 6.
same with regard to a set-off due from drawer to acceptor, 6.
may sustain an action on a bill in his own name, 6.
of alien enemy an, may recover at return of peace, 18.
of a bill cannot sue an infant in any case, 22.
may sue maker of note, though indorsed to him by a married woman,
if maker afterwards promise to pay it, 149.
where there are several not in partnership, they must all join in order to
transfer it, 159.
innocent, may recover, though bill paid out of usual course of trade,
and issued in fraud of others, 168.
filling up a blank indorsement on a bill, the action then cannot be in
name of indorser, 174.-(See " Indorsement.")
advisable sometimes for an indorsee to fill up a blank indorsement, 176.
but when an indorsement is restrictive, he cannot fill up any one in
blank, 176.
may make an indorsement conditional, 179.
may make a qualified indorsement, 180.
a delivery of a bill to, is not necessary to vest legal interest, 181.
of a bill or note may effect an insurance for its payment, 182.
of a bill for the purpose of giving authority to receive its payment,
but which is afterwards revoked, how far payment would be good,
may sue acceptor, drawer, and all prior indorsers, 439.-(See "Action.")
by mere delivery may sue all such parties, but cannot sue parties
whose names are not on bill, 439, 440.
except only him from whom he received it, 440.-(See "Action.")
may declare against his immediate indorser as on a bill drawn by him,
460, 1.
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