LETTER (continued.)

mistake in directing letter giving notice, no excuse for delay, 273.
letter written by one of the makers of a joint and several note to the
other desiring him to settle debt, will take case out of Statute of
Limitations, 479.-(See "Limitations.")

containing notice of dishonor, notice to produce same need not be
given before plaintiff allowed to prove contents, 518, 19.-(See
"Evidence.")

what is evidence in default of production after notice to produce given,
that due notice of dishonor was received, 519, 20.

proof that a letter was received from defendant acknowledging the re-
ceipt of a letter from holder of a named date, but not referring to
its contents, is presuniptive evidence of due notice of dishonor, 520.
when evidence of notice of dishonor given, what other evidence in re-
gard to letters will suffice, 520, 21. (See "Post Office," " Post.")
in civil cases post-mark on letter evidence of time and place when and
where put in the post, 521.-(See " Post,'
"" Evidence.")
in an action by indorsee against maker of note in order to establish
usury, what letters from payee to maker admissible, without calling
payee, 525, 6.

LETTER OF LICENSE,

subsequent indorser let out of execution on letter of license, is no
bar to an action against a prior one, 381.

LIABILITY

of acceptor, 239 to 245.

how discharged, 245 to 252.

of drawer, 136 to 139.

how discharged, 256. 315.

of indorser and transferrer, 183 to 189.

how discharged, 256. 315.

of party promising to pay a bill, 252 to 255.

how to be stated in an action on a bill against acceptor, and in on a
note against maker, 458.

how to be stated in an action on a bill or note against the drawer or
indorser of the one, and the indorser of the other, 466.

person discharged from liability on a bill by bankruptcy and certifi-
cate, is a competent witness in an action on same bill, 531.-(See
"Witness.")

LIEN,

vendor of an estate does not waive it by taking a bill or note, and re-
ceiving its amount by discount, 125.

in case of a partial advance by a banker on a bill deposited with him,
and such banker becomes bankrupt, his assignees have a lien on it,
158. 619, 20.

when indorsee has no lien on the effects of drawer in the hands of ac-
ceptor, 182.

but if the drawer and acceptor become bankrupts, it is otherwise, 182.
accommodation acceptor or indorser what lien they have, 190. 255.
lien in case of bankruptcy in general, 619 to 624.

LIMITATIONS, STATUTE OF,

bills of exchange, affected by, 3.

indorsements of partial payments on a bill made by holder will in
some cases take case out of, 388. 479.

indorsement of payment of interest within six years will sometimes
have same effect, 479.

LIMITATIONS, STATUTE OF―(continued.)

effect of statute where bill or note dated upwards of six years past,

455.

་་

begins to operate from time bill due, and not from time made, 478.
action on accrevit the proper plea, 478.—(See " Plea.”)
non assumpsit infra sex annos not proper, 478.

cannot be pleaded to an action on a bill payable after sight, unless
bill has been presented, 479.
[479.
note payable on demand supposed that statute runs from date of note,
acknowledgment of one of several drawers of a joint and several note,
how far evidence to take case out of the statute, 479.
letter written by one of such drawers to another, desiring him to set-
tle debt, evidence to take case out of the statute, 479.

a payment generally by one maker of a joint and several note to
payee, is not sufficient to take case out of the statute against the
other, 479.

acknowledgment by one partner to take case of the statute as against
the other, must be clear and explicit, 479.-(See " Acknowledg-
ment.")

a receipt of dividend under the bankruptcy of the joint maker of a
note within five years, on account of note, will bar the statute in an
action against the other, 480.

aliter when the debt proved was not on the note, 480.
must be specially pleaded, 481.

in case of bankruptcy, precludes proof, 562.

LONDON. (See " Feme Covert.")

custom of London in respect to payment of bills by drafts, &c. 367, 8, 9.
no wager of law allowed by the custom of London, 546.

LOSS OF BILLS AND NOTES,

General points, 190 to 204.

if a bill is transferable by delivery, and holder loses it, he must
bear the loss, if any, 190.

this rule applies if he be robbed of it, 190.

but in an action on it on notice to prove consideration, &c. at the
trial, plaintiff must do it, 89. 191. 511, 512.

when a check is lost and paid by banker before it bore date, he
is liable to repay same to loser, 192.

when a bill drawn on a customer, and by acceptance made pay-
able at his banker's, who discounts same after notice that it had
been lost, how far such banker is liable, 192.

but if a bill transferable only by indorsement be lost, and af-
terwards get into hands of a bonâ fide holder, he cannot re-
cover, 192.

and this although such indorsement be forged, 192.
bonâ fide holder without notice cannot recover on it, 192.

bills, &c. lost out of letters put in post office, postmaster general
not liable, 192.

when a bill &c. is lost, holder should give notice to all the par-
ties to it, and public notice in the newspaper, 195.

loss of a bill, &c. no excuse for not making application for pay-
ment, 195.

and when acceptor has no right to refuse payment to the loser, 195.
it is felony to steal a bill, &c. 195.

no defence after judgment by default, 473.

when an inland bill is lost, the drawer is not obliged to give
another, 195.

except it accord with the form of a bill mentioned by statute, 196.
enactment of that statute, 196.

LOSS OF BILLS AND NOTES (continued.)
General points-(continued.)

this rule would extend to notes, 196.

on loss of a bill, and refusal to pay same, equity will relieve, 196.
proof under a commission of bankruptcy on such
bill allowed, 197.

and this though the loss took place after protest, 197.

but if a bill indorsed in blank be lost before or on the day it is
due, no action at law can be supported, 197.

how far payment of in such case valid, 359.

and this even though a bond of indemnity has been tendered, 197.
this rule will extend to bills transferable by delivery, and lost after
they are due, and after action brought, 198.

nor will an action lie on the common counts for the consideration
of the bill, 198.

nor on an express promise without new consideration, 199.

giving of an indeninity bond is a new and good consideration, 200.
but if the bill, &c. has been destroyed, or not is negotiable, the
rule is otherwise, 200. $60.

if the bill was payable on demand, he may recover at law, 201.
on loss of a bill, &c. equity will not relieve, where an action at
law will lie, 201, 2.

on loss, &c. of a foreign bill by drawee, he must give the holder
a promissory note, 203.

on loss of a bill, and new one not to be had, protest may be made
on a copy, 203.

remitted by a debtor per post to creditor, and lost, debtor dis-
charged, 204.

otherwise if the bill were delivered to a bellman in the street, 204.
on loss of a bill when parol evidence, or a copy of it is admis-
sible, 485.

loss not in general sufficient to excuse non-production, 484, 5.
but on evidence of the destruction of it, or that it is withheld
by defendant, or that he lost same, a copy of it, or parol evi-
dence of contents, is allowed, 485.

but in these cases plaintiff must show probability that original
was genuine, 485.

on loss of a bill after interlocutory judgment, court granted a rule
to refer to master, 474.

LOTTERY,

gaming in, is illegal, 101.

insurance is also unlawful, 102.

LUNAR MONTH.-(See "Calendar Month," "Month.”)

MAKER. (See "Promissory Note," "Drawer," "Acceptor.")

the maker of a note after it is indorsed stands in the same situation as
the acceptor, 421.—(See therefore "Acceptor.")

maker of an accommodation note may be sued, though composition
taken from payee, &c. 381.

releasing such payee, not knowing that he is a surety, will have same
effect, 381.

in an action against, not necessary to aver presentment at particular
place, unless named in body of note, 463.

if maker make note payable at a certain place by memorandum at foot,
that does not qualify contract, 463.

MARRIAGE,

a contract made in restraint of, void, 96.

for procuration of, void, 97.

MARRIED WOMAN.-(See "Feme Covert.")

MASTER, REFERENCE TO. (See "Reference to Master.")

MEMORANDUM,

effect of it on the back of a note or bill, or separate paper, 59. 61.
at foot of note making it payable at a place certain in an action against
maker on it, no averment of presentment there necessary, 463.
but usual in one count to make such averment, 463.

MERCHANTS.-(See "Bills of Exchange.")

inland bills formerly valid only between merchant and merchant, 16.
what notice of dishonor is sufficient to, and how it should be served,
276, 7.

judges may consult them in new cases, 122. 345.

MISDEMEANOR,

compounding of, not a legal consideration, 96.
bankers and agents embezzling bills is, 147, 8.

MISDESCRIPTION-(See "Misnomer.")

of payee of a bill, where it will not vitiate, 83. 498.
in address of a letter, no excuse for delay in notice, 273.

MISNOMER.-(See "Misdescription.")

if the name of a party to a bill is mis-spelt in declaration, when it is
fatal, 452, 3.

in a count for usury, 452.

what misnomers have been held as not fatal, 453.

[502.

in respect to indorser between declaration and evidence, immaterial,

MIS-SPELLING

of a name in drawing a bill may be rectified by parol evidence, 82.
a party's name to a bill in a declaration, how far fatal, 452.—(See
"Misnomer.")

MISTAKE

in directing a letter, no excuse for delay in notice, 275.

MIS-STATEMENT

in declaration, how taken advantage of, 477.-(See "Demurrer.”

MONEY COUNTS.-(See "Declaration.")

the utility of, and when applicable in case of bills and notes, 468 to

471.

MONEY HAD AND RECEIVED,

when money recoverable back, 307. 389, 390, 1.

MONEY, PAYMENT OF INTO COURT,

admits validity of bill or note, and sufficiency of stamp, 487, 491,

497.

admits holder's title, 508.

MONTH,

means calendar in case of bills and notes, 343.

how calculated as to time of payment of bills and notes, 337. 343.

MUTUAL CREDIT.-(See "Set-off," "Bankruptcy.")

general observations, and 5 Geo. 2. c. 30. s. 28, 607 to 609.
nature of debt to be set off, 609.

MUTUAL CREDIT-(continued.)

in what right due, 612.

time when the mutual debts or credits arose, 614.

NAME. (See "Misdescription," "Misnomer," "Mis-spelling.")
of payee, mistake in, 81 to 85.

NAVY BILL,

consequence of their being misapplied by banker or agent, 146, 7.
NEGLECT.-(See "Laches," "Release.")

NEGOTIABILITY,

not essential to validity of a bill or note, 85, 6. 140.

what words usual and essential to make bill or note negotiable, 85, 6.
140 to 144.

NEGOTIATION,

a bill or note cannot be altered after it was perfected, and complete
before such negotiation, 133.

an exchange of acceptances is, 135.

delivery of a bill to drawee by drawer to be accepted is not, 136.
of a bill or note may be restrained by a court of equity, but not by
law, 143.

NEW STYLE.-(See "Style.")

of old and new style where they prevail, 336, 7.

NOLLE PROSEQUI

must be entered to other counts after demurrer to the one on a bill and
judgment for plaintiff upon reference to master to compute, 475.
but this entry may be made any time before final judgment, 475.
NON-ACCEPTANCE.-(See "Notice of Non-acceptance," "Protest.")
of non-acceptance, and what holder ought to do thereon, 256 to 309.
notice of should in all cases be immediate, 261. 283.
drawer and indorsers immediately liable to pay and to be sued, 298 to
and this though the instrument be somewhat like a note, 28. 298.
bankruptcy of drawer after drawing a bill, on non-acceptance the debt
may be proved under the commission, 298.

[301.

party arrested. and giving a draft in payment which is dishonored, may
be arrested again on the same writ, 298, 9.

if a person take a bill from drawer in payment of goods sold on non-
acceptance, he may recover on the common counts, 299.

and it is sufficient in such action for drawer to prove the presentment
for acceptance, 299. Sed quære.

without showing was protested, or that drawer had notice, 299.
drawers and indorsers may plead a tender any time before action com-
menced, 299.

[299.

but acceptor cannot if he does not pay immediately on presentment,
when notice of non-acceptance has been given, no presentment for
payment need be made, 300.

parties to bill protested for non-acceptance, liable to pay principal,
interest, and damages, 300.

when a note is payable according to a course of exchange, what lia-
bility is incurred, 300.

and if a party to a bill is discharged by foreign laws where bill was
drawn, he cannot be proceeded against here, 301.

if holder omits to give notice of when made, the other parties dis-
charged, 301.