INDEX TO VOLUMES I AND II. [The figures opposite to references refer to paragraphs marked §. The Roman ABSCONDING. See EXCUSES, and II., 1144. of payor is excuse for want of presentment, II., 1144. especially if he is insolvent, II., 1144. of payor to another place in same State or country excuses want of but if holder knows his whereabouts he should seek him, II., 1144. of drawee, maker, or acceptor does not excuse want of notice to when drawer or indorser absconds, notice should be left at last place or with party representing his estate, II., 1144. ABSENCE. See EXCUSES, and II., 1114. as excuse for non-presentment and notice, II., 1114 to 1123. ACCEPTANCE. See PRESENTMENT FOR; DRAWER AND DRAWEE; PROMISES 1. Nature of, 360. drawer undertakes that bill will be accepted, 479. drawee who is not acceptor may discount bill, 479. in such case, negotiability of bill not impaired, 481. either of a set may be accepted and sued on, 483. when acceptor bound on several bills of a set, 483. 2. Who may accept, 484, 485. bill imports that drawee is competent to accept, 484. none but drawee can accept unless for honor, 485. second acceptance is alteration, 485. but party may guarantee bill, 485. cannot be series of acceptors, 485. may be by any name party adopts, 485. ambiguous cases, 486. if no drawee is named, acceptor acknowledges himself drawee, 486. holder may exact proof of agent's authority, 487. whether holder must take agent's acceptance, 487. if agency clear, holder must take acceptance by agent, 487. if holder takes acceptance from one falsely assuming agency, and does not notify antecedent parties, they may be discharged, 487. if bill drawn on agent individually he must accept individually, 487. ACCEPTANCE- continued. various and conflicting cases, 487. joint drawees should accept jointly, 488. paragraphs marked §. if either joint drawee refuse acceptance, bill must be protested, 488. but party accepting bound, 488. one partner may accept, 488. whether partner's acceptance in his own name suffices, 362, 488, 489. how partner should accept, 488. 3. When made, 490, 491. may be before drawing, 490. may be after discount, maturity, protest, or refusal to accept, 490, 491. acceptances in blank, 142, 143, 143a, 490. acceptor in blank liable for amount to bona fide holder, though authority be exceeded, 490. dates from delivery, 490. is revocable until delivery, 490. usage of banks respecting dishonor for non-acceptance, 490. may be after death of drawer, 491, 498a. and after prior refusal to accept, 491. presumption as to time of, 491. drawee may deliberate twenty-four hours as to, 492. if drawee refuse, in twenty-four hours bill must be protested, 492. when accepted and issued, acceptance is irrevocable, 493. may be dated, 494. acceptance presumed to be after drawing, and before maturity, 494. when drawee should certify the date, 494. when amount should be expressed in, 494. 4. Form and varieties of, 496. may be express, implied, verbal, written, by telegram, on the bill, on separate paper, before bill drawn or afterward, absolute, conditional, or qualified, 496. usual form is by writing his name and the word "accepted" on the face of the bill, 497, 504. signature of drawee alone suffices, 497, 504. or the word "accepted," without signature, 497. what words constitute acceptance, 497. effect of words "I will not accept," written on bill, 502. not necessary for signature to be across the bill, 498. position of signature immaterial, 498. part payment does not amount to acceptance, 497a. statutory requirement of acceptance in writing on bill, 4976. construction of statutory requirements that acceptance be written on bill and signed, 479b. letter of drawee, though drawer dead, may be sufficient, 498. effect of drawee's death, 498a. drawer's death, after delivery of bill to payee, no revocation, 491, 498a. what conduct implies, 499. when keeping bill by drawee amounts to, 499a. whether the destruction of bill by drawee amounts to, 500. drawee procuring discount of bill for his own accommodation, and promising to pay it, constitutes himself acceptor, 501. authority to draw amounts to, 501. drawee promising and refusing to accept is bound for damages, 502. if drawee has funds of drawer, slight circumstances will raise presumption of contract to accept, 502. "I protest within," is refusal of, 502. may be on separate paper, 503. what promises amount to, 503. equivocal language will not amount to, 503. paragraphs marked §. ACCEPTANCE- continued. 5. Verbal and written acceptances, 406. semble, holder may require written, 504, 507a. verbal is binding, 504. writing "accepted" across face of bill without signature, 504. by what law verbal, controlled, 867. what words constitute verbal, 504a, 505, 506. promise to pay on subsequent day, 505. words used must show clear intent to accept, 506. must be addressed to drawer, holder, or agent, 507. if to stranger, do not amount to, 507. holder must assent to verbal, 507a. 6. Absolute, conditional, and qualified, 508. holder may require absolute, 508. at his risk take conditional or qualified, 508. or may treat the bill as dishonored, 508. plaintiff must show performance of condition, 508. what words amount to conditional, 509. holder refusing conditional, should protest, 510. holder accepting conditional, should notify parties, 510. protest for non-acceptance precludes holder from availing himself of conditional, 510. indorser discharged by conditional, unless he is notified of its terms and assents, 510, 511, 515. whether or not drawer discharged by conditional, 511. effect of neglect to notify, when conditions complied with, 511. construction of conditional, 512. to pay "when in funds," meaning and effect of, 513. "when in funds means I when in cash," 513. when funds not received in lifetime of acceptor, administrator receiv ing them is liable, 513. various instances construed, 513. holder must show acceptor received funds, 513, 514. can not resort to drawer until acceptor receives funds and refuses to pay, 513. acceptor not liable if funds intercepted, 513. when evidence admissible to explain conditional, 514. Qualified, 515. qualifications as to sum, time, place, and mode of payment, 515. drawer and indorser discharged unless they assent to, 515. acceptance to pay at another town is qualified, and operates as alteration, 515. II., 1379, 1381. but not if payable at particular place in same town, 515. II., 1380. may contain condition for renewal, 516. acceptance for part of amount is good pro tanto, 516. acceptance for part discharges antecedent parties, unless assented to, 516. conditions in, should be written, 517. may be in contemporaneous writing, 517. but in latter case would not affect holder without notice, 517. conditions in the body of the instrument, 517. written acceptance cannot be altered by parol evidence, 517. verbal acceptance may be shown, 518. conditional, cannot be made after absolute acceptance, 518. 7. Acceptances payable at a particular place, 519. paragraphs marked §. House of Lords decided such acceptances to be qualified, 519. does not affect promissory notes, 519. allegation of presentment not necessary against acceptor, 519. the words, "only, and not otherwise or elsewhere," 519. presentment for, must be alleged against drawer or indorser, 519. so if bill be drawn payable at particular place, 519. rule as to, in the United States, 520. in effect, agrees with the English statute, 520. 8. Acceptance for honor, or supra protest, 521. happens when drawee refuses to accept, and stranger accepts for honor of a party, 521. inures to benefit of parties subsequent to one for whose honor the aeceptance is, 521. is only allowable after protest, 522. form and ceremony of, 523. acceptor should notify party for whose honor he accepts, 523. any third person, not a party, may accept for honor, 524. and, it seems, so may the drawee, 524. unless he were bound in good faith to accept, 524. rights of acceptor supra protest, 524, 526. when he may recover against indorser, 524. may be several acceptors supra protest for honor of different parties, 525. acceptor supra protest should state for whose honor he accepts, 525. must prove presentment and notice when he sues drawer, 526. in order to be binding (1) bill must be presented to original drawee at maturity, 527. (2) if second refusal by drawer, must be sec ond protest, 527. (3) and then bill must be presented to acceptor supra protest, 527. if acceptor supra protest refuse payment, after these steps taken, there must be another formal protest, 527. does not admit signature of indorser for whose honor it is made, 528. to what extent admissions extend, 528. holder not bound to take, 529. who may be sued by holder taking, 529, 531. cases of protest for better security, 530. effect of acceptance for honor on accommodation parties, 531. releases parties who become such for accommodation of the drawer, 531. 9. Effect of acceptance; what it admits, 532. acceptance makes drawee principal debtor, 532. but drawee can not charge drawer unless he pays the bill, 532. according to all the terms of the bill, 532. stipulations for payment of attorney's fees enter into, 62a, 532. but may sue him for money paid at his request, 532. acceptance admits everything essential to validity of the bill, 533. |