I. IGNORANCE OF FACT, in waiver, 146. IGNORANCE OF LAW, ILLEGALITY, (See LEGAL OR ABSOLUTE DEfences.) INDORSER'S CONTRACT, nature of, 61, 74. who may indorse, 61, 62. when indorsement necessary, 62. transfer without indorsement of paper payable to order, 62. in what form, 63. by him who has the legal title, 63. indorsement by late holder's personal representative, 63. partnership indorsement, 63, 64. indorsement by partners, 64. to one of the partnership, 64. partnership holders of paper payable to bearer or indorsed in dissolution of partnership otherwise than by death, 65. right of survivors to indorse, 65. paper payable to agent requires no indorsement to principal, 65. different forms of indorsement, 66. in full, 67. in full restrictive, 67, 68. for collection, 68. other cases of indorsement, 69. indorsement on separate paper, 70. compared to drawing a bill, 75, 76. extent of the equivalency, 75, 76. indorsement admits validity of the paper, 76, 77. whether a warranty of validity, 77-79. warranty of capacity, 78. INDORSER'S CONTRACT, -continued. whether indorser a competent witness to dispute validity, 79, 80. presentment and demand distinguished, 81-84. (See PRESENTMENT AND DEMAND.) modus of these steps, 81-84 (See id.) protest, 106-110. (See PROTEST.) notice of dishonor, 110-142. (See NOTICE OF DISHONOR.) excuse of protest, 153, 154. (See EXCUSE OF PROTEST.) conflict of laws as to indorser, 252-255. (See CONFLICT OF INEVITABLE ACCIDENT, as excuse of presentment, 94, 95. INLAND BILL, defined, 6. protest of, 108-110. INSOLVENCY, as excuse for presentment, 152. INUREMENT, notice of dishonor by, 127, 128. K. KNOWLEDGE OF DISHONOR, distinguished from notice, 110, 210, note. KNOWLEDGE OF EQUITIES, distinguished from notice, 210. L. LAW MERCHANT, distinguished from common law, 8, 9. custom of merchants becomes law merchant, 8. LAWS, CONFLICT OF. (See CONFLICT OF LAWS.) LEGAL OR ABSOLUTE DEFENCES, distinguished from equities, 172, 173, 227. want of contract, 174-203. delivery, 174-179. may be made by intention or by negligence, 175. LEGAL OR ABSOLUTE DEFENCES, - continued. delivery by intention, 175, 176. by a custodian, 175, 176. delivery by negligence, 176, 177. paper stolen or obtained by fraud in delivery, 177, 178. distinguished from case of misrepresentation, 179. what this kind of fraud consists in, 179, 180. definition of the term, 181. changing legal effect of paper, 181-183. alteration by accident, or mistake, 184-187. without consent, 186-189. alteration by stranger, 190. by a custodian or agent, 190. alteration facilitated by last holder, 191-194. leaving blanks not necessarily negligent, 194. cutting instruments in two, 195. forged indorsement, 195-197. forgery of payee's name by drawer, 196. forgery of drawer's signature, 197–199. acceptance as admission of drawer's signature, 197-199. competency of payee to indorse, 199. acknowledging signature, 200. incapacity, 200–203. incapacity to contract distinguished from incapacity to transfer, incapacity of corporations, 202, 203. illegality of contract, 203-205. paper void by statute, 204, 205. exception of bona fide holders for value, 205. M. MAIL, notice by, 124-127, 135. MAKER'S CONTRACT, joint and several note, 28-30. nature of joint promise, 28, 29. MAKER'S CONTRACT, - continued. promise by partners, 29. promise of surety, 29, 30. 6 signing as agent' and the like, 30-32. anomalous undertaking of stranger, 33-35. MARGINAL TERMS, removal of, 194, 195. 'in good East India bonds,' 15. in current funds,' 15. 'in Canada money,' 15. ' in current bank notes,' 15, note. in good current money,' 15, note. 'in Arkansas money,' 15, note. what the courts will know as equivalent to money, 16. 'NEED' ACCEPTANCE, in case of, 42. NEGLIGENCE, in delivery, 176-178. N. facilitating alteration, 191-194. (See LEGAL OR ABSOLUTE DEFENCES.) NEGOTIABILITY, meaning of, 2, 3. a foreign product, 2. protest by, 102, 103. absence of, 103. NOTICE OF DISHONOR, form of, 110-119. no form of words prescribed, 110. of what indorser should be apprised, 110, 111. notice of non-payment merely, 111-119. course of English authority as to such notice, 112-115. course of American authority, 115-119. paper payable at bank distinguished, 116, 117. purpose of notice, 118. notification that indorser is looked to for payment, 119. by holder or agent, or by indorser bound to pay, 119, 120. notice by stranger, 119, 120. notice by indorser, 120, 121. notice by acceptor or maker, 121, 122. notice to whom, 122, 123. to indorser or agent, 122. death of indorser, 122, 123. death of partner indorser, 123. notice, how, 123-128. direct and expeditious mode, 123, 124. by mail, 124-127, 135. personal notice, 127, 135. messenger, 127. successive notices, 127. inurement, 127, 128. notice, when, 128-134. on day of dishonor or day after, 128. diligence, 129, 131, 132, 142. non-secular days, 129. departure of mail, 129, 130. several successive indorsements, 129, 130. whether holder has entire day, 130, 131. notice by indorser, time of, 132, 133. notice on Sunday, 133. agent, 133, 134. paper indorsed after maturity, 134. notice, where, 135–141. personal notice, 135. by mail, 135. several post-offices in indorser's town, 135, 136. post-office address, 137. no post-office in indorser's town, 137. removal of indorser, 137, 138. absence from home, 138, 139. making inquiry, 139–141. |