[The figures refer to pages] FORM OF NEGOTIABLE INSTRUMENT-Continued, To declare whole sum due, Upon breach of conditions of mortgage, 99. Upon failure to pay installment, 108. Upon failure to give additional security, 112, 115. In installments, 108. In uncertain installments at option of maker, 108. Must be to pay in money, instruments payable, In chattels, Gold, 123. Tobacco, 121 (1st case). In checks or exchange, 124, note. In money or securities, 121 (2d case). In current funds, 130. In currency, 131. In money of country other than country where payable, 124. 'Promise to do something in addition, 112, 115. Must be payable to order or bearer, 14-35. Parties, Instruments payable to, Payee or bearer, Bills, 14, 18, 21, note. Notes, 15, 17. Payee or order, Bills, 14. Notes, 15, 17. "Holder," 23. "Assigns," 23, note, 34. "Bearer A.," 21, note. "A. or bearer," 21, note. Instruments payable to payee without more, 22, 24, 25, note, 26, 29 (1st case). Effect of phrase, "this instrument shall be negotiable," 23, Instruments payable to order of payee "only," 29 (2d case).` Maker and drawer, Must appear on face of instrument by signature, 136, 139. Acceptance of unsigned bill equivalent to signing note, 134 (both Signature, what is sufficient, Payee, In trade name, 140. By agent, In principal's name, 138, note, 140. In agent's name, Without more, 136, 137. With words describing signer as agent, 139, 143-158. Must be designation of, on face of instrument, No payee named, 158, 162, note. Designation by, Naming impersonal things, "Cash," 159, note. "No. 437," 730 (1st case). Designation of, must be certain, Instruments payable to, Two or more in alternative, 168, 169, note. Corporation or its treasurer, 173. [The figures refer to pages] FORM OF NEGOTIABLE INSTRUMENT-Continued, FRAUD, Officer for time being of unincorporated association, 170. Administrators, 177, 179, note 74. "X's estate," 179, note 75. Officer, agent, or trustee by name, with words indicating Drawee, Drawee, 163, 164. Maker and another, 166, Drawer, 165. Payee, drawer, and drawee, same person, 165. Must be designated on face of instrument, No drawee designated, 183, 184, 185, 189. Who may be designated, Drawer or his agent, 188. A personal or equitable defense, 476. FRAUDS, STATUTE OF, Whether parol acceptance within, 24, 211. FUND, Instrument payable out of particular, see Form of Negotiable Instrument, GAMING, As a defense to instrument given for, 413, note 475, 491, GARNISHMENT, Of maker or acceptor as a defense, 477. GENUINENESS, See Forgery. GIFT, Surrender by holder to maker or acceptor as a, 748, note. By maker to payee, 276 (both cases), 276, note. By indorser to indorsee, 278. GOLD, Instrument payable in, 123. GOOD FAITH, See Holder in Due Course, notice. GRACE, DAYS OF, See Days of Grace. GUARANTOR, Irregular indorser, whether a, 579. Notice of dishonor not required, 700. GUARANTY, Whether an indorsement, 308. HOLDER IN DUE COURSE, Value, must part with, 378-421. Amount of, 418. What is, Extinguishment of pre-existing debt, 381, 398, 402. Promise to make advances, 421, note. Assumption of liability to third party, 421, note. [The figures refer to pages] HOLDER IN DUE COURSE-Continued, Assumption of contingent liability to third party, 402, 420. Express promise to forbear suit, 382. Implied promise to forbear suit upon receipt of instrument, As collateral security for pre-existing debt, 295, 378, 392. Holder for, amount of recovery. Purchaser for less than face of instrument issued for, Value, 418. Accommodation, 411. Pledgee for debt less than face of instrument, Which had been issued for value, 413. Which had been issued for accommodation, 416. Which had been misappropriated, 408. Transferee of holder for, succeeds to rights of transferor, 413, 415, Maturity, must purchase before, 422-431. When instruments mature which are, Payable at stated future time, 422. With stipulation accelerating maturity upon default, 427. After demand, 504. At sight, 502, note. After sight, 502 (1st case). Undated, 426, note. Antedated, 425, note. Postdated, 425. Days of grace, 22, 611. Extension of time written on instrument, 426, note. Certificates of deposit transferred after, 488. Notice, must purchase without, 422-462. Actual, Negligent omission to ascertain facts, 431, 434. Gross negligence, 437-438. Constructive, Purchase after dishonor, 422–431. Of discharge, from possession of instrument by maker, 442. Of accommodation character of indorsement from discount by Of abuse of authority, By corporate officers, 447-460. By trustees, 460. "Trustee," after name of payee or indorsee, 460. Presumption that holder is one in due course, 463-467. Prima facie case, how established, 466. Burden of proof, how affected by evidence of, Fraud, 464. Absence of consideration, 463, Payment of value, 398, 464. Transfer from holder in due course, 319, 466, note. Defenses, what are available against, To contract, as a defense to party under disability, see Defenses. Of drawer, no defense to acceptor, 509, 511, note. INCAPACITY-Continued, [The figures refer to pages] Of payee, no defense to maker, 541. Of prior parties, no defense to indorser, 726. Warranty of indorser without recourse as to capacity of prior parties, 719. INCOMPLETE INSTRUMENTS. Necessity for delivery to inception of potential obligation of party sign- Delivery of, in escrow, 259. Delivery of, induced by fraud, 262. Holder may complete in accordance with actual authority, 269, 273. Prima facie authority of holder to complete, 266. Effect of knowledge of fact of completion on rights of innocent purchaser INDORSEMENT, As a mode of transfer, see Transfer, by indorsement. INDORSEMENT WITHOUT RECOURSE, Liability resulting from, 719, 727. INDORSER, See Drawer and Indorser. INFANCY, A real or legal defense, 474, 476, 484, note. Of maker, acceptor, drawer, or indorser, as a defense to subsequent par- INSANITY, A real or legal defense, 475, 476. Of maker, acceptor, drawer, or indorser, as a defense to subsequent par- INSOLVENCY, Does not excuse presentment and notice of dishonor, 696, 698, 709. INSTALLMENTS, Instruments payable in, 108. INTEGRATION, Rule of (parol evidence rule), 233, 238. Indorsement in blank, 326, 330. Position of name, indorser bound to party whose name appeared Inadmissible to show indorser signed in another capacity, 592. I. O. U., 38, 47. See Form of Negotiable Instrument, promise in note. IRREGULAR INDORSER, Liability of one who indorses irregularly, ISSUE, After delivery to, but before indorsement by payee as surety for him, After delivery to payee as surety for maker, 567. Before delivery to payee as surety for maker, As guarantor, 579. As indorser, 573, 575, 581, 582. As maker, 569. Before delivery to payee as surety for acceptor, 585, See Delivery. JOINT INDORSER, When indorsers are, Joint payees, 305. [The figures refer to pages] Accommodation indorsers by agreement between themselves, 557, 558. JOINT PAYEES, Both must indorse, 166, 305. KNOWLEDGE, Of defense, see Holder in Due Course, notice. Of dishonor does not render notice of dishonor unnecessary, 692, 694. LIEN, See Pledgee. LIMITATIONS, STATUTE OF, When begins to run, see Maker and Acceptor, obligation to pay, when in- LUNATIC, See Insanity. MAIL, A means of conveying notice of dishonor, 668, 669, 672, 677, 689. Miscarriage of, notice of dishonor sufficient, though not received, 677. MAKER AND ACCEPTOR, Obligation to pay on day of maturity, When instruments mature which are payable, At stated future time, 422. With stipulations accelerating maturity upon default, 427. On demand, 424, 426, 507. After demand, 504. At sight, 502, note. After sight, 502 (1st case). Days of grace, 22, 611. Necessity of presentment to mature instruments payable, At stated future time at particular place, 193, 502, 505. On demand, 501. On demand at particular place, 506, 507. After demand, 504. At sight, 502, note. After sight, 502 (1st case). Whether action against, begun on day of maturity after presentment, Protest and notice of dishonor on day of maturity after presentment, Admissions of, Existence, capacity, and genuineness of signature of drawer, 509, 511, Genuineness of drawer's signature which is also payee's, 531. State of drawer's account, 543, 545. Existence of payee, fictitious payees, 512, 519, 523, 526. Capacity of payee to indorse when a corporation, 541. Genuineness of indorsement, 514, 516, note. Genuineness of body of instrument, 533. Alteration of designated payee, 537. Genuineness of bill of lading attached to draft, 548. MARRIED WOMEN, Coverture a real or legal defense, 475, 476. Coverture of maker, acceptor, drawer, or indorser, as a defense to subse- |