CHEQUE continued. sum for which it may be drawn, 229 acceptance of cheque by banker, 229. See Banker. marked cheque, 229 certified cheque in America, 229 time for presenting in general, 229, 230 to charge drawer, 231 to charge indorser, 232 notice of dishonour required, 232 when deemed overdue or stale, 232 relations between banker and holder, 186 banker's duty to customer to honour cheque, 233, 234 over-drafts, 234 effect of customer's death or bankruptcy, 234 donatio mortis causâ, 235 payment by banker when held under forged indorsement, 236, 237 right to duplicate when lost, 125, n. property in paid cheque, 237 construction of authority to draw, 66, 70, 235 liability of non-trading corporation on, 60 stamped as bills on demand, 269 mode of stamping in general, 271 French law, 228 is not an assignment of funds, 181, 255, 256 Post-dated, validity, 18, 268 operation of, 66, 70 authority of partner to draw, 70 custom of London bankers not to pay, 52 Crossed, delay in presentment caused by crossing, 230 who may cross, 238, 239 two or more special crossings, 239 effect of crossing as regards the drawer, 239 as regards holder and agent for collection, 241 as regards (drawee) banker, 239, 240, 241 meaning and effect of " not negotiable," 241 CHOSE IN ACTION, bill assigned as, 97, 98, 100. See Transfer. bill falling due on, 23. See Dies Non. CLEARING HOUSE, presentment of bill through, 143 CLERGYMAN, capacity to contract by bil!, 57 COERCION, 89, 91 COINCIDENCE OF RIGHT AND LIABILITY, 209 COLLATERAL SECURITY, evidence to shew bill is, 49 note containing pledge of, 246 COLLECTION (indorsement for), in express terms, 111. See Restrictive Indorsement. misappropriation by indorsee, 48, 78, 80, 91, 122 rights of indorsee, 122, 125 duties of collecting agents, 141, 230 COMPANY AND CORPORATION, trading and non-trading, 59, 60 capacity to incur liability, 59 power to transfer bills, 60 signature of, 43, 44, 267 tests of liability, 44 bill drawn on, accepted by officer in his own name, 36 officer accepted in name of company, 36 bill payable to, indorsed by officer in his own name, 115 COMPOSITION, effect of taking, from acceptor, 199, 214 COMPROMISE OF CLAIM, as consideration for bill, 75 COMPUTATION, time of payment, 21-24 sum payable, 14, 15, 268. And see Stamp. damages on dishonour. See Damages. CONSIDERATION, what constitutes, 75, 78 adequacy of, 76 by whom furnished and when, 76, 77 for original bill in case of renewal, 221 pro tanto in case of pledge or lien, 78, 79 want of, creating privity between remote parties, 83 what evidence shifts onus probandi as to, 91 holder for value, 77 bona fide holder for value without notice, 80 holder claiming under bona fide holder, 82 Defences arising out of: when it may be inquired into, 83, 84, 85 partial absence of, 86, 92 failure of, 87 partial failure, 88 fraud or duress, 89 illegality total or partial in, 90 U 289 CONSIDERATION—continued. Expression of: how expressed, 16, 17 evidence to negative, when expressed, 16 effect if expressed to be executory, 17 Liability on: distinguished from liability on instrument, 62, 177, 225 discharged by holder's laches, 130 presentment for payment to charge person liable on, 150 effect of alteration on, 219, 220 CONSIGNMENTS, bill drawn against, 256 CONSTRUCTION, bills and notes in general, 49, 52 address to drawee and acceptance read together, 36 evidence of usage when admissible, 51 irregular bills ut res magis valeat, 52 signature as principal's or agent's, 36, 65, 68, 267 authority to sign bills, 65 agreements to renew, 221 written notice of dishonour, 168 verbal notice of dishonour, 168 See Interpretation of Terms. CONSTRUCTIVE POSSESSION, what it is, 46, 47 delivery effected by change in, 47 giving right of action on bill payable to bearer, 127, 128 bill or note expressed to be payable on, 8, 10, 19, 243, 245 on payment by joint acceptor, 197 among co-sureties generally, 196 Co-OWNER. See Joint Parties. COPY, foreign "copy" distinguished from set, 29 protest on copy of lost bill, 142 CORPORATION. See Company and Corporation. COSTS, defending action on accommodation bill, 195, 196, n. proceeding for, when parties sued concurrently, 199, 200 COVER FOR BILL, 254-260. See Securities for Bills. CREDIT, open letter of, 181, 182 CROSS-ACCEPTANCE, 75 CROSSED CHEQUE, 230, 237-242. See Cheque. CUSTOM OF TRADE, law of bills founded on, Introd., p. xxxviii. novelty of, when immaterial, 52 judicial decision overrides, 52 DAMAGES (Measure of), action by drawer against drawee for not accepting, 180 holder against drawer or indorser, 188-191 conflict of laws, 185, 191 DATE, insertion of, in bill, 17 omission when bill payable after date, 17, 33 presumed to be date of issue, 18 ante-dating and post-dating, 18 evidence to confirm in bankruptcy proceedings, 19 when interest runs from, 15 when Statute of Limitations runs from, 224 alteration, when material, 216, 217 stamp duty calculated from, 268, 274 omission in acceptance of bill payable after sight, 33 DAYS OF GRACE, 21, 24, 140, n. DEATH, Of Holder: title to bill, 94 inchoate bill, 26, 27 bill drawn payable to deceased person, 8, 124 |