INDEX. ACCEPTANCE, defined, 32 delivery or notification to complete, 45, 47. See Delivery. in general by drawee, 35 by person other than drawee, 35 by one of several drawees, 35, 38. See Qualified Acceptance. by two or more drawees, 5, 143. by drawee in fictitious name, 36 See Joint Parties. by fictitious person. See Fictitious Parties. by infant, 57 by married woman, 58 by company or corporation, 36, 59, 267 authority to accept in general, 61–71 by partner, 68, 69, 70. See Partner. by agent, 64, 65. See Principal and Agent. forged or unauthorised, 71-74, 207, 208 construed with address to drawee, 36 ACCEPTANCE-continued. blank signature filled up as, 25 payable at bankers, 37, 38, 263. See Banker. cross-acceptance as consideration, 75 of cheque, 229 presentment for. See Presentment for Acceptance. obligation to accept, 179, 180 General or Qualified: what general, 37 what qualified, 37 effect of qualified, 38, 39 holder's option to take qualified, 138 holder's duty after taking qualified, 138, 149 ACCEPTANCE FOR HONOUR SUPRÀ PROTEST, who may accept, 39, 40 for whose honour bill may be accepted, 40 time for, 41 mode of accepting, 41 form, 41 for part of amount of bill, 42 effect on holder's right of action, 42 Acceptor suprà protest: contract with holder, 194 estoppels which bind, 194, 195 presentment for payment to, 155, 156, 265, 266 rights and duties on payment, 213 ACCEPTOR, defined, 2 accommodation acceptor, 84, 85, 145, 214. See Accommodation Party. who liable as, 35 signature of, 32, 64 bankruptcy of. See Bankruptcy. death of. See Death. contract with holder, 182 liability contrasted with drawer's, 182 ACCEPTOR-continued. compared with maker of note, 9, 246, 251 relations inter se of joint, 182. See Joint Parties. measure of damages against, 184, 185 payment by, as a discharge, 200 effect when he is holder of bill at maturity, 209 See Presentment for notice of dishonour to, 176. See Notice of Dishonour. Statute of Limitations, as to, 223 rights of, to securities for bill, 254 How Liability of Acceptor negatived: conditional acceptance and condition unperformed, 35, 134 forgery, &c., 64-66, 165, 197 capacity negatived, 51-55 consideration negatived (including fraud or illegality), 74, transfer of property to holder negatived, 44, 45 discharge of bill or discharge inter partes, 178-200 ACCOMMODATION BILL, defined, 84 term used in different senses, 85 value subsequently given for, 76 pledge of, 79, 86 when deemed to be issued, 216 presumption as to bill being, 84, 91, 169 negotiated by payee after bankruptcy, 96 damages for refusing to accept, 180, n. bankruptcy of drawer, when acceptor has security, 195 costs of defending action on, 195 negotiation after maturity, 120, 121 presentment for payment, when excused, 145 notice of dishonour, when excused, 169 payment by acceptor or maker as discharge, 200 payment by person accommodated as discharge, 201, 202 ACCOMMODATION BILL-continued. proof on, 79 Statute of Limitations, 224, 225 securities for, 196, 260 Accommodation Party: defined, 84 liability to holder for value, 85, 86, 91 special defences available to, 85, 214 ACKNOWLEDGMENT, to defeat Statute of Limitations, 226, 227 ACT OF HONOUR, on acceptance suprà protest, 41, 42 on payment suprà protest, 212 stamp on, 275 ACTION, de facto holder may bring, 125 in whose name when bill payable specially, 126 in whose name when bill payable to bearer, 127 defences against holder suing as agent or trustee, 126 compared with proof, 128, 129 when husband and wife must join in, 94 against married woman in bill, 58 costs of defending on accommodation bill, 195 proceeding for costs against party sued concurrently, 199, 200 transfer of bill after action brought, 122 Statute of Limitations, 223-227. See Limitations. Right of: on, and collateral to, instrument distinguished, 197, 225, 226 giving bill suspends, 221, 222 effect of renewing bill, 221 effect of acceptance suprà protest on, 42 when complete against drawer or indorser, 148, 225 ADDRESS, sufficiency of, when notice sent by post and lost, 160 of drawer or indorser of dishonoured bill not known, 171, 174, 175 to drawee in bill, 8-12, 35, 36 ADHESIVE STAMP, when to be used, 268, 272 cancellation of, 268, 271, 273 ADMINISTRATOR, when bill held by deceased, vests in, 94 effect when acceptor becomes the holder's, 209 See Death-Donatio mortis causá-Executor. ADVICE (Letter of), 180 AGENT. See Principal and Agent. ALLONGE, 104, 105 ALTERATION, what material, 216, 217 what immaterial, 217 effect of material on bill, 218 effect on right to sue for consideration, 219, 220 onus probandi as to, 220 negotiation after, in ignorance, 193, 218 acceptance after, in ignorance, 183 payment in ignorance of, 206, 208 ALTERNATIVE, drawee, 5 payee, 7 place of payment, 25, 247 mode of payment, 246, 247 AMBIGUOUS INSTRUMENTS, 3, 53 AMERICAN LAW, weight of, and reference to, Introd., p. xxxv. ANTECEDENT DEBT, as consideration for bill, 75, 78 paid by bill which is dishonoured, 192, 221, 222 ANTE-DATED BILL, 18 |