ACCEPTOR-(continued.) release by drawer to acceptor does not affect payee's right of action, 5. set-off due from drawer to acceptor, does not affect holder's action, 5. of a bill who was an infant at the time of drawing, but of age when accepted, is liable, 17. in an action against acceptor infancy of indorser no defence, 20. acceptor for the honour, who is, 22.-(See Acceptance supra protest.") obligations of an acceptor for the honour, 22. discounting his own acceptance at a premium exceeding 5 per cent. not usury, 77, 89. refusing to give acceptance or payment, notice must be given to drawer, 98. time for payment given to, discharges the other parties to a bill, 98. alteration of bill in the date after acceptance without consent of acceptor, makes bill void, 100, 1. exchange of an acceptance by one, with another, is a valuable consideration, 104, 5. is a negotiation, 104, 116, 151. [107, 196. of an accommodation bill, may claim indemnity from drawer, accommodation acceptor may retain money in his hands, 196, 344. [138. is bound by a conditional indorsement made before acceptance, the same by a qualified one, 139. but if an indorsement of part of the money mentioned is made after acceptance, he is not liable, 139. not entitled to notice of indorsements, 140. who is also one of several drawers not entitled to notice of dis- cannot in general call on an indorser, 142.-(See "Holder.") may be sued in equity for non-payment of a bill stated to be there cannot be a series of to same bill, 166. 242. and if there are two acceptors, one of whom was not a drawee, nor to any other form of action, if consideration be not express- ought not to pay his acceptance if he knows of drawer's failure, discharge of an acceptor by an insolvent act, does not prevent action against other parties, 301. 347. 381. 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, 354. proceedings will not be stayed in an action against, on a bill, if holder sues him, drawer, and indorser, but on payment of the debt and costs of all the actions, 469.-(See Staying Proceedings.") what the best course to pursue in this case, 369. ACCEPTOR-(continued.) acknowledgment by, of debt due, what sufficient to bar the Statute of Limitations, 374. (See "Acknowledgment," "Limitations." a receipt indorsed on back of bill prima facie evidence of payment by, 399, 410.-(See "Evidence.") production by him must be accompanied by proof of circulation when he does sue drawer specially, what he must but drawer in action against acceptor for value, is competent, when a competent witness in general, 417.-(See "Witness.") sum recoverable against, 419 to 426.-(See "Damages.") Of the liability of a party promising to pay a bill, 193 to 195. the drawee or any other may make himself liable to pay a bill by promise so to do, even though the bill is invalid, 193, 4. and the amount may be recovered under the common money counts, 194. an executor liable to pay draft, if he promise so to do, 194. but such person or executor must have funds in his hands, and expressly promise to pay, or holder cannot recover, 195. ACCIDENT, how far an excuse for delay in notice, 212, 13. 223. ACCOMMODATION BILL.-(See "Consideration," "Acceptance.") what and how far considered pernicious, 4. when no consideration between payee and drawer of a bill but only between payee and acceptor, such a bill not to be deemed an açcommodation bill, 199, 200. liability and rights of drawer of, 141, 2. 6, 7. drawer of not entitled to notice of dishonour, when, 198. drawn for accommodation of payee, though drawer had no effects in drawee's hands, but payee had such, drawer entitled to notice, quære, 200, 1. so where drawn for remote indorsees' accommodation, drawer en- accepted for drawer's accommodation, and discounted by banker for holder, with notice, giving time to drawer does not discharge ac- holder of bill made for drawer's or payee's accommodation does not, by releasing, giving time, or taking part payment from drawer or payee, discharge the acceptor or maker, 298, 9. this doctrine, though once doubted, now fully settled, 299. but acceptor discharged if holder being drawer's banker received from him enough to cover it, 219, 300, ACCOMMODATION BILL-(continued.) if third party pays bill for drawer's honour, acceptor not liable to such person, 321. liable to an indorser for like accommodation, 146. who, in case of acceptor's bankruptcy, may prove under commission, 146, 7. want of consideration in action by bona fide holder will not discharge acceptor, 68, 9. 183. not liable, if indorsed to plaintiff, after bill became due without value given, 129. holder bona fide may retain for subsequent balance, 184. accepted for a particular purpose cannot be applied by a holder with notice to any other use, 184. where plaintiff is agent for another person who ought not in justice to recover on bill, acceptor not liable, 184. what a waiver of acceptor's liability, 191. rights of an accommodation acceptor in general, 195, 6. 344. may and should claim and take a written indemnification from drawer, 107. 344. 195. [196. 344. when no express contract the law implies a contract to indemnify, where sum above £20, a written undertaking should be stamped, 195. where bankruptcy of drawer apprehended, a counter bill should be taken, 195. agent accepting an, for employer, may retain money of his principal to indemnify himself, 106. 344. so may acceptor, 344. 196. the same when person not an agent does so, sed quære, 344. and this, though drawer commits an act of bankruptcy, 196. acceptor of, may prove under commission of bankruptcy against drawer, though he paid the bill after the bankruptcy, 196. what evidence necessary in action by acceptor of, against drawer, to recover money paid, &c., 399. 410. what is and is not prima facie evidence of payment and circulation, by acceptor, 399. 410. where drawer is a competent witness for acceptor of, in action against acceptor, 415. liability and rights of an indorsee of an accommodation bill, 141, 2, entitled to notice on dishonour of, 199. [6, 7. drawn for accommodation of remote indorsee and prior names lent him, indorsee entitled to notice, 202. may be indorsed by a bankrupt after his bankruptcy, 116. not so if bill be accepted in consideration of an exchange of accept ances, 116. bona fide holder of, may prove under drawer's commission, though he has accepted security and given time to the acceptor, 295. ACKNOWLEDGMENT.-(See "Admission," "Evidence.") what sufficient evidence to take case out of Statute of Limitations, 373, 4, 5.-(See "Limitations.") of acceptor of bill, of debt being due, under misapprehension of law against him, 374. of liability, what evidence of right of action dispensed with, under proof of an, 387, 8. of third parties, when admissible in evidence, 388. ACT OF BANKRUPTCY.-(See " Bankrupt," "Bankruptey.") effect of as to bills, &c. 115 to 122. 480 to 486, ACTION OF ASSUMPSIT ON A BILL OR NOTE, where legal right created or liability imposed, they may be enforced, 342. where there are several indorsers, one of them may sue acceptor or drawer, and strike out all names below his own, 342, 6. 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, 342. otherwise if distinctly proved he had no interest, 347. 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, 341. such third person cannot recover in another action, 341. may be sustained by a bona fide holder against all parties to a bill, &c. who became so previously to himself, 342, 3. 5. not on subsequent ones, 345. assignee by mere delivery, when and who he may sue, 341.-(See "Assignee.") a person receiving a bill from drawer after it was dishonoured by acceptor, and paid by drawer, may sue such acceptor in his own name, 341. drawer may sue, when, 341.-(See "Drawer.") where he must sue acceptor specially on the contract to accept, 341. acceptor liable when drawer has taken up and passed the bill, 342. parties not originally liable on, or not parties to a bill subsequently paying it, when and when not they may sue, 130, 344, 5.-(See "supra Protest," "Bail," "Bankers.") what objections may be taken to an action at suit of a person who became holder after due or paid, 126 to 130.-(See "Indorsement." what laches in the holder of a bill, will be a forfeiture of his right of action, 196 to 240.-(See "Laches ;" and "Notice of Non-acceptance.") if holder make acceptor executor, right of action extinguished, 345. unless the executor formerly renounce, 345. when bill is joint and several, sometimes advisable to proceed in separate actions, 345, 6. if several actions are brought by the holder against the different parties to a bill, the commencement of one action is no bar to the others, 346. but payment of the bill and costs by one will discharge the others, 346. if the holder reject an offer to pay debt and costs, the court will restrain him from taking out execution, 346. but if the money is paid pending several other actions, he may pro- against one of two obligors in a joint and several bond, taking such letting a subsequent indorser out of execution, will not discharge a discharge of an acceptor by virtue of an insolvent act, does not prevent an action against the other parties, 347. ག but accepting a bond from one party in satisfaction of it, will discharge the other parties, 347. the same rule prevails when a composition is entered into without the assent of drawer or indorsers, 301. 347. actual payment will of course discharge the rest, 347. ACTION OF ASSUMPSIT ON A BILL OR NOTE-(continued.) action bona fide brought on a note, plaintiff may retain venue, though it be for other causes, 351. declaration therein, 351 to 376.-(See "Declarations.") payment of debt and costs therein, 368, 9. judgment by default therein, 369 to 372. reference to master to compute principal and interest therein, 369 to the like in the exchequer, 369. writ of inquiry therein, 369. 371. pleas and defence therein, 372 to 375. evidence therein, 376 to 418. verdict and damages, what recoverable, 419 to 426. ACTION OF DEBT-on a Bill or Note. wager of law allowed in it, 427. advantages arising from adoption of this action, 427. [S71 not sustainable against executor or administrator, except in court of exchequer, 342. 427. or by the special custom of the City of London, 427. may be supported by payee against maker, when expressed to be for value received, 427. by payee of a foreign or inland bill against drawer, expressed to be for value received, 427. and by first indorsee against indorser, 427. uncertain whether in respect to privity this action sustainable by indorsee against drawer or maker, 428. not sustainable on a collateral engagement, 428. nor by payee against acceptor of a bill of exchange, 428. consideration should be shown in an action of debt on simple contract, [428. lies against the maker, but not the indorser of a note, 428, 9. ACTION IN GENERAL must be in name of assignor of a chose in action, 4. 8. reason and consequence of, 7, 8. by alien enemy if indorsee of a bill only suspended during war, 15. in no case without notice before trial so to do, 68. against drawer or acceptor of a bill by a third person, is not barred by want of consideration, 70. except such third person gave no value for it, and which must be proved, 70. of assumpsit will lie for money won at play, not exceeding £10, 78. cannot be sustained against the same party to a bill, if the holder received it knowing that another action was pending on it, 131. cannot be sustained if a bill be lost after indorsement in blank, or is transferrable by delivery, 130. cannot in that case be sustained even on the consideration of the bill, nor on an express promise without new consideration, 154. [153,4. for the breach of a promise to accept a non-existing bill, must be in name of the person to whom it was made, 169. will lie against party making a promise to one indorser, to pay a dishonoured bill by another indorser, 237. being brought by a bankrupt against his debtor, debtor may pay the money into court, 282. |