INDEX.

00:00

A.

BATEMENT,

in action against one of the two joint makers of a note, advantage of
omissions of the other must be taken by plea in abatement, 434.
if one of several acceptors is an infant, and he is left out of the de-
claration, plea in abatement is not sustainable, 453.

ABSCONDING.-(See " Removal.")

of the drawee,

[334.

effect thereof as to presentment for acceptance or payment, 213.
of the protest thereupon for better security, 309.

of drawer or indorser, when an excuse for delay in notice of disho-
nor, 274, 407.

ABSENCE. (See “ Absconding,” “Removal.”)

ACCEPTANCE,

to what bills necessary, 206.-(See "Presentment for Acceptance,"
defined, 215.

By whom to be made, 215, 216.

by an executor or administrator, but he is personally liable, 241.—
See ("Executor.")

[221.

holder is entitled to insist on acceptance according to tenor, 215.
if drawee has not capacity to contract bill may be treated as dis-
honored, 215, 6.

by an agent, 215. 30 to 39-(See "Agent.")

question whether holder bound to acquiesce in receiving accept-
ance by an agent, 215.

by a partner, 216. 30 to 52.-(See " Partner.")

there cannot be a series of acceptors to same bill, 215.

by one person when bill directed to two not in partnership, bill
may be considered as dishonored, 216.

The time when to be made, 217 to 221.

the drawee has twenty-four hours to accept a bill, 217.

promise to accept before bill drawn how far valid, 217, 8, 9.

may be after a prior refusal to accept, 220.

[220.

how far such acceptance would discharge drawer and indorsers,

what liability such acceptor would incur, 220.

drawee ought not to accept if he knows of drawer's failure, 220.
when it may be made after drawer's death, 221.

ACCEPTANCE.-(continued.)

Of the form, effect, and extent of acceptances, 221, to 238. [221,1
it may be verbal or in writing, but holder may insist on the latte
holder may insist on one according with the bill, 221, 2
the holder may refuse an acceptance payable at a banker's, but if
he does not, and is guilty of neglect, drawer and indorsers dis
charged, 221.

what is an acceptance is a question of law, and not of fact, 922
may be on the bill itself, or on another paper, 222, 5.

a letter by drawee to the drawer, promising to accept a bill al-
ready drawn, is an acceptance, 223, 4.

if drawee acknowledge his hand-writing to holder, he cannot af
terwards insist it is a forgery, 224, 5.

An absolute acceptance, 225 to 234.

defined, and how made, 225 to 230, 1.

when bill payable after sight usual to add the date, 225.
but when such date is not in the same hand-writing, but the
ceptance is written under, it is evidence of the time of accept-
ance, 225.

when made by other than drawee his name should 226.
appear,
private mark between banker and banker when an acceptance,
by a partner in name of firm, 226, 51.

by an agent for princ pal, 226, 36.

if a bill is payable in a large town, acceptance should point out
a particular house there, 226.

and if it does not, holder may protest, 226.

effect of an acceptance payable at a particular place, 321 to 552
what will amount to an acceptance, 226, 7. 230, 1.
acceptance may be implied, 227.

what is sufficient to imply an acceptance, 227. 230, 1.
detaining a bill left for the express purpose of acceptance, 227, &
the same where a bill was detained some time, and then destroyed,
229, 230.

but a check may be retained by a banker, and then returned, 230.
a verbal or written promise to accept an existing bill is an ac
ceptance, 217, 8, 9. 230, 1.

[251.

how far a promise to accept a bill not drawn will bind, 217, 8, 9.
instances of promises held to amount to an acceptance, 250 1.
a promise to accept on an executory consideration, how far bind-
ing, 231.

what does not amount to an acceptance, 232, 3.

when the acceptance is doubtful, drawee may rebut the presump
tion in favor of it, 233, 4.

A conditional acceptance, 234 to 237.

defined, 234, 5.

[gency, 234,
drawee may make conditional acceptance payable on a contin-
but holder is not compellable to receive it, 235.

what is, and what is not a conditional acceptance, 235, 6.

if holder receives it he should give notice, 235.

when the contingency happens, the acceptance becomes absolute,
how to declare on such an acceptance, 236. (See " Declaration.")
how to make a conditional acceptance, 237.

r

when acceptance in writing and condition not, how far such con
dition operates. 237.

[sible, 237.
when conditional acceptance ambiguous, parol evidence admis
A partial or varying acceptance, 237, 8.

what it is, 237.

to pay part, 237, 8.

ACCEPTANCE-(continued.)

A partial or varying acceptance (continued)
to pay at a different time or place, 237, 8.
to pay part in money, part in bills, 237, 8.
its legal obligation, 237, 8.

if holder accepts such acceptance, he should give notice, 238.
of the liability of an acceptor in general, 239 to 252.-(See "Ac-
ceptor.")

whether an acceptance can be revoked, 242 to 245.

how liability of acceptor may be released or discharged, 245 to 252.
indemnity to acceptor, and his right, 255; 6.

liability of a third person promising to pay a bill, 252 to 254.

when necessary to describe in pleading an acceptance, payable at a
particular place, 321 to 332-(See "Declaration," "Presentment
for Payment.")

question whether evidence of an acceptance after bill due is admis-
sible on an allegation in the declaration that it was made before
due, 459.

not necessary to be stated in an action against drawer, 459. 483.
and it be, it must be proved, unless shewn that he indorsed after ac-
ceptance, or promised to pay after due, 483.

a conditional acceptance must be stated in pleading accordingly, or va-
riance fatal, though condition performed, 460.

is not an admission of drawer's hand-writing to indorsement, though
made after such indorsement, 500, 1.

if promise laid to testator, acceptance in testator's life-time must be
proved in an action by an executor against acceptor, 509.
prima facie evidence of effects in acceptor's hands, 523.

ACCEPTANCE SUPRA PROTEST,

of a bill of exchange, what is, 29.

obligations imposed by an, 29.

cannot be made till after refusal to accept by drawee, 205.

any persons may without drawer's consent or that of indorser's, 310, 11.
for the honour of a particular party to it, 311.

how it is in general made, 310.

for what purpose it is made, 310.

such an acceptance enures to benefit of subsequent parties, 311.

By whom it may be made, 311, 12.

the drawee of a bill may make an acceptance on it, 311, 12.
if drawee so accepts, a protest should first be made, 311.

if holder insists on an absolute acceptance, drawee should cancel
the one he had made, 311.

and a bill having on it one, may be afterwards accepted supra pro-
test again, 311.

no one should accept a bill under protest for honour of drawer,
without ascertaining cause of refusal of drawee, 311.

but if he accepts for honour of indorser, no inquiry necessary, 311,
holder not obliged to receive an acceptance supra protest, 312.
Mode of accepting supra protest, 312.

must be made in presence of a notary public, 312.

a general acceptance supra protest is considered as made for the
honour of the drawer, 312.

when it is made so as to bind drawer and indorser, notice of it
should be given to the indorser, 312.

holder should take care to get bill protested before such accept
ance is made, 312.

ACCEPTANCE SUPRA PROTEST-(continued.)
Liability of the acceptor supra protest, 312, 13.

as obligatory as if no protest had intervened, $12.
extends according for whose honour the acceptance made, $15.
it is only conditional, and presentment for payment must be made
to drawee, and protested in case of refusal, 313.
Right of an acceptor supra protest, 313, 14.

[cepts, 313.

he may claim indemnity from such person for whose honour he ac-
or from drawer or acceptor, 314.

ties, 314.

when in case of bankruptcy of drawer equity will compel such
acceptor first to resort to drawer's estate, 314.
acceptor for the honor of indorser cannot sue any subsequent par

ACCEPTOR. (See" Acceptance," "Drawee," "Acceptance supra protest.”)
Defined who is an acceptor, 1. 27.

Of the liability of the acceptor, 239 to 245.

[ance.")

liable according to terms of acceptance, 239.-(See "Accepl
is primarily liable to pay the bill, 239.

unless in the body of the bill or note it was made payable
at a particular place, acceptor cannot insist on presentment,
250.321 to 332.

when not liable to pay e-exchange, 239.

executor liable personally if he accept a bill, 241.
liable though he has received no consideration, if bill a
hands of holder for value, 89. 239, 240.

and this though holder was aware of the circumstance, 239.
liable though drawer's name forged, 241-(See Forgery.")
the obligation of an acceptor in general irrevocable, 242
in what cases he may revoke or alter his acceptance, 242,
4, 5. 251, 2.

after acceptor has cancelled his acceptance, and holder noted
the bill, he cannot afterwards sue such acceptor, 245.
two persons cannot be separately liable as acceptors, 215, 16.
How liability of acceptor discharged, 245 to 252.-(See Wairer.")
cannot be discharged in general but by payment, express re-
lease, or waiver, 245, 6, 7.

an express verbal discharge sufficient, 247. 249.
but it must be an absolute renunciation, 247.
what amounts to a discharge, 249.

if acceptance made in a foreign country, and obligation by
law of that country vacated, the acceptor is discharged. 246.
is not discharged by a release from drawer to, before such ac-
ceptance made, 248.

is discharged if holder obtains the property, on faith of which
the acceptance was made, 249.

liability of a special acceptance discharged by a general pro-
test or notice of dishonor, 238. 245. 250.

not discharged by neglect to present a bill payable at a
banker's, 250. 327.

when holder giving time to drawer does not discharge accom
modation acceptor, 250.

holder guilty of laches in regard to a bill indorsed over by
acceptor, in discharge of his acceptance, releases acceptor,

251.

otherwise if the bill was not indorsed by acceptor, 251.
how far an alteration of an acceptance will discharge the
acceptor. 251, 2.

Of indemnity to acceptor, and his right, 255, 6.

what security as indemnity should be taken by occommoda-
acceptor, 255.-(See "Accommodation "Bill.")

tion