SURETY-DRAWER, liable as principal drawer, 416, 722.

to the acceptor for accommodation, 726.

contract of surety for above surety, note, 726.

SURETY-INDORSER, liable the same as principal on paper, 416.

SURETY-MAKER, discharged as a surety by giving time, 778.
form of action against, 312.

complaint special against, 417

should state simply the facts, note, 933.

effect of payment by, 721-725.

of a note liable on it as a principal, 348, 416.

may show fact as against holder with knowledge,

781.

may call upon holder to proceed and collect, 348.
liable according to the form of the contract, 416.
must be treated as a surety, when, 778-781.
what dealings with principal discharges, 766-778.
of note or drawer of bill, 724-726.

See Indorser, Discharge and Surety.

SURRENDER, notes given for debt sued on, must be returned, 281-285,
428.

by mistake, 725.

a good answer to action when not, 787, 788.

in a suit on original demand, negotiable paper given for,
must be surrendered and canceled, 281.

it is payment prima facie, 281.

rule as to paper not negotiable, 282, 787.

SUSPENSION of right to suc, 495.

T.

TENDER, plea in nature of, 664, 665, 944.

TENNESSEE, statutes of, relating to bills and notes, note, 383.

TEXAS, statutes of, relating to bills and notes, note, 383.

TIME, computation of, 180, 702–707.

of presentment for payment, 702.

business time, what is, 636.

counted from date, 707.

allowed as days of grace, usances, &c., 707-719.

as festivals and holidays, see Presentment for Payment, 719, 720.
See also, Notice of Dishonor.

TIME OF PAYMENT, see Presentment for Payment, 702-720, 775.
must be made when bill or note is due, 702.

how ascertained, computation of time, &c., 702-711.

TIME OF SERVING NOTICE of dishonor, 828-836.
See Notice of Dishonor.

TITLE, warranted on a transfer, 238, 406-410, 332-337, 353, 354, 355.
cannot be deduced through a forgery, 241, 364.

TOWN BONDS, see "Municipal Corporations,” “Bonds.”

TRANSFER, includes a guaranty of title, 238–241.

and indorsement, 350-419.

by infants and husband, 358.

by executors and administrators, 360.

by trustee, 367.

by agent, 367.

by the payee and owner, 363.

by restrictive indorsement, 369.

by all the payees, when, 370.

by a firm, 370-372.

by party holding title by assignment, 373–376.
asserts the existence of the paper, 377.

by restrictive and qualified indorsement, 395-398.
by assignment of negotiable paper, 404, 930–932.
completed by delivery, 403.

of bills and notes, 351.

manner of making, by indorsement, 15.

by an infant, 33, 358.

ratification of, 29-33, 358.

of paper payable to a married woman, 359.

by executors or administrators, 360.

when payable to them, 360.

or to deceased, 300.

TRANSFER-continued.

by cashier, agent, or treasurer of corporation, 362.
by indorsement, what it implies, 362.

must be by party having the title, 364.

not by party of same name, 364.

when payable to a party by a wrong name, 365.
indorsement by making a mark, initials, &c., 365.
by assignment, without writing, 366.

rights of assignee under, 366.

by a trustee or factor, 367.

to a purchaser for value, 367.

by a party acting as agent, 362, 367.

filling up paper indorsed in blank, 368.

by a restricted indorsement, 369.

right of indorsee under, 369.

by several persons, not partners, 370.
by partners, 370.

use of firm name as payee, 370.

by partners after dissolution, 371, 372.

of bill or note payable to A. for use of B., 373.

or to one as assignee or trustee of another, 373.
by assignment as bankrupt or insolvent, 374.
statutory assignment, effect of, 374, 375.
to receivers, 376.

time, and effect of, on rights of indorsee, 377.
transfer before due, presumed, 377.

presumption may be rebutted, 377.

after acceptance refused, without notice of dishonor, 378.
after dishonor and with notice, 378.

after dishonor, subject to what equities, 379.

to what set-off, 379.

English rule, 380.

American rule, 379.

where two notes are transferred successively, 379.

after dishonor a renewal in what sense, 380.

no set-off at common law, 380.

See Indorsement and Transfer.

TROVER, action in the nature of, may be maintained when and by

whom, 955.

may be brought by owner, for conversion of bills and notes,

955.

ground of action, title and conversion, 955.

TROVER-continued.

may be sustained by maker or acceptor, 955.
proof and allegations to support the suit, 955.
may be sustained by the payee, when, 955.

and by the indorsee, when, 955.

and against whom, 955.

evidence of conversion by defendant, 955.

and what amounts to a conversion, 955.
damages in the action, 955.

when the action must be for money had, &c., 955.
effect of a recovery in, on title, 955.

TRUSTEE of an express trust, right to sue, 367, 923.

USANCE, what is, 504, 708.

U.

USURY, on notes made in one, payable in another state, 222-231, 509.

payment by notes, void for, 293.

on notes and bills, 488-510.

statutes in reference to, 488-490.

scope of, 490.

construction of, 497-510.

carried forward into renewal securities, 490.

when notes and bills may be sold at an under value, 493.

inception of accommodation paper, 491, 492.

sale of notes and bills for an under value by indorsement, not

usurious here, 493.

depositing notes as collateral security for a usurious debt, effect
of, 494.

usurious renewals, effect of, on previous security, 495.

who may set up usurious agreement, note, 496.

usury, what is corrupt agreement for, 498.

taking more than law allows, by mistake, 498.

by mistake of law, usurious, 498.

taking compound interest, not usurious, 499.

taking interest in advance, when usurious and when not, 500.

for the days of grace, not usurious, 501.

defense of usury must be strictly proved, 502.

taking funds below par on a discount, 504.

USURY-continued.

agreement to keep bills in circulation, 504.

where borrower takes property at exorbitant price, 504.

what necessary to constitute, 504.

excess of commission over interest on money advanced, charged

by broker, 505.

agreement for an insurance on a discount, 505.

commissions on acceptances, &c., 505.

interest and forbearance, meaning of, 506.

no usury on loan of goods and chattels, 507.
exceptions to rule, 507.

sales of credit, not within statute, 508.

taking rate of exchange, effect of, 503, 510.

See Consideration, Indorsement and Transfer, Indorser, Discharge.

V.

VALUE RECEIVED, formerly necessary, 17.

in general not necessary, 202-206.

not necessary on negotiable paper, 202.

use of, in notes not negotiable, 206, 585.

in notes and drafts payable in specific articles, 298-
305.

VARIANCE, of description in notice, when not material, see Notice of Dis-
honor, 800-802.

VARYING ACCEPTANCE, see Qualified Acceptance, and Acceptance..

VENDING FORGED PAPER, effect of, 241, 242, 486.

party vending, responsible, 408-410.

VERMONT, statute and law of, relating to notes and bills, note, 383.

VIRGINIA, statutes of, relating to bills and notes, note, 383.

VOL. II.-34