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INDEX.

ACCEPTANCE,

defined, 3, 8, 40

delivery or notification to complete, 52, 53. See Delivery.

cancellation of, by holder, 212

revocation of, by drawee, 52, 53, 54

what it admits, 183-185

must be signed, and on bill, 43

requisites in form, 43

form and interpretation when laws conflict, 238, 239

bill in a set, 237

place on bill, 43

not promising payment of money, 43, 47

date, when necessary, and how supplied, 32, 45
proper date after previous refusal to accept, 45
Time of:

before bill complete in point of form, 45, 49–51
after maturity, 30, 45

after dishonour, 45

presumption as to time when undated, 45

By whom :

in general by drawee, 40

by person other than drawee, 41, 340

by one of several drawees, 48. See Qualified Acceptance.

by two or more drawees, 19. See Joint Parties.

by drawee in assumed name, 65, 66

by fictitious person, 17, 137, 150, 167, 168. See
Fictitious Parties.

capacity to accept in general, 60

by infant, 62

by married woman, 61

by company or corporation, 63, 340, 341

by banker, 64

authority to accept in general, 275

by partner, 67-71. See Partner.

by agent, 75-79. See Principal and Agent.

ACCEPTANCE-continued.

forged or unauthorized, 71-74

construed with address to drawee, 41, 42, 78

blank signature filled up as, 49-52

payable at bankers, 47, 48, 72, 145. See Banker.

material alteration in, 215, 217

cross-acceptance as consideration, 80

of cheque or demand draft, 136, 246

presentment for, 131-140. See Presentment for Acceptance.
obligation to accept, 181, 182

General or Qualified:

what general, 46

what qualified, 46

effect of qualified, 46-48, 140, 141
holder's option to take qualified, 140
holder's duty after taking qualified, 140
See Acceptor-Drawee-Signature.

ACCEPTANCE FOR HONOUR SUPRA PROTEST,
what bills may be so accepted, 226

who may accept, 226

for whose honour bill may be accepted, 226
presumption when party not named, 227

holder's option to refuse, 226, 227

time for, 226

mode of accepting, 227

form, 227

act of honour on, 227

for part of amount of bill, 227

effect on holder's right of action, 139

Acceptor supra protest :

contract with holder, 228

estoppels which bind, 229

presentment for payment to, 229

excuses for non-presentment and delay, 230

rights and duties on payment, 230, 231

ACCEPTOR,

defined, 8

accommodation acceptor, 87, 196, 197. See Accommodation

Party.

who liable as, 41, 42, 65

signature of, 65

bankruptcy of. See Bankruptcy

ACCEPTOR-continued.

death of. See Death.

contract with holder, 183, 184

liability contrasted with drawer's, 183, 1d
how far drawer or indorser is surety for, 184

compared with maker of note, 11, 270

relations inter se of joint, 199, 201, 210. See Joint Parties.
estoppels which bind, 184, 185

measure of damages against, 190-193

damages when laws conflict, 241

payment by, as a discharge, 199

effect when he is holder of bill at maturity, 210

giving time to, or compounding with, 218-223

presentment for payment to charge, 176, 177. See Present-
ment for Payment.

notice of dishonour to, or protest, 169. See Notice of Dis-
honour.

Statute of Limitations, as to, 290

rights of, to securities for bill, 296

How Liability of Acceptor negatived:

conditional acceptance and condition unperformed, 46,

47

intention to sign a different document, 277
forgery, &c., 71-75

capacity negatived, 60-64

consideration negatived (including fraud or illegality),

93

transfer of property to holder negatived, 56, 57
jus tertii, 55, 56, 99, 101

discharge of bill or discharge inter partes, 200-225

ACCOMMODATION BILL,

defined, 87

term used in different senses, 87, 88

value subsequently given for, 83

pledge of, 85

when deemed to be issued, 215

presumption as to bill not being, 93, 168

negotiated by payee after bankruptcy, 129

damages for refusing to accept, 181

bankruptcy of drawer, when acceptor has security, 197

costs of defending action on, 197

negotiation after maturity, 117

ACCOMMODATION BILL-continued.

presentment for payment, when excused, 150, 151
notice of dishonour, when excused, 167, 169

payment by acceptor or maker as discharge, 199, 201
payment by person accommodated as discharge, 205, 206
discharge of surety by dealings with principal, 218-223
foreign discharge of, 242

proof on, 85

Statute of Limitations, 292

securities for, 222, 303

Accommodation Party:

defined, 87, 88

liability to holder for value, 88, 96

special defences available to, 88
liability to person accommodated, 96

considered as surety, 88, 197

rights on becoming a party, 198

rights when compelled to pay, 197, 198, 292

voluntary payment by, 197

rights of contribution inter se, 198, 199

ACCORD AND SATISFACTION,

discharge of bill by, 200

discharge by accord without satisfaction, 212

ACKNOWLEDGMENT,

to defeat Statute of Limitations, 293

ACT OF HONOUR,

on acceptance supra protest, 226

on payment supra protest, 230

stamp on, 361

ACTION,

includes counter-claim and set-off, 3

holder may bring, in his own name, 121

in whose name when bill payable specially, 123

in whose name when bill payable to bearer, 124

defences against holder suing as agent or trustee, 123
defences available to accommodation party, 88, 96

lost bill or note, 233, 234

compared with proof, 125

when husband and wife must join in, 126

against married woman on bill, 61, 62

ACTION-continued.

costs of defending on accommodation bill, 197

proceeding for costs against parties sued concurrently, 200
transfer of bill after action brought, 116

Statute of Limitations, 289-294. See Limitations.
Right of:

on, and collateral to, instrument distinguished, 196,
197, 199, 292

on bill, and on consideration, distinguished, 67, 195,
217, 358

giving bill suspends, 305

effect of renewing bill, 224, 225

when complete against drawer and indorser, 140, 152
on non-acceptance, 140

ACTS. See Bills of Exchange Act-Statute.

ADDRESS,

sufficiency of, when notice sent by post and lost, 156, 163
of drawer or indorser of dishonoured bill not known, 164
to drawee in bill, 18, 19

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