ESTOPPEL-continued.

intrusting blanks with an agent, nature of the act, 88, 591.
by accepting a bill before it is drawn, 572.

by certifying a check, 565.

of indorser from showing maker a married woman, 42.

married women not estopped, 38.

EVIDENCE, of title to negotiable paper, in respect to partnership

paper, 104.

to paper not negotiable, 308.

varying terms of notes and bills cannot be given, 165–167,

442-445.

of custom of notary's clerk to make presentment, admissi-

ble, 646.

entries in register by deceased clerk of notary, 648.

when pleadings show what must be proved, 963.
averments immaterial need not be proved, 964.

in action by transferee against maker, 964.

parol or other secondary, on lost bill or note, 964.

plaintiff must prove what, in action on note by partner in

fraud of firm, 965.

proof in action by payee against maker or acceptor, 964,

965.

against a firm, proof of assent, when necessary, 965.

on a note or bill given or accepted by an agent, 966.

in action on a joint and several note, 967.

proving a note that has been altered, effect, 967.

note signed by several, under allegation against one, 967.
alteration may be proved under general denial, 967.

oral evidence by one signing on back before delivery, in
action by payce, 973.

defendant may rebut presumption of title, 975.
of formal presentment, unnecessary when, 981.
accepting admits drawing, 968.

in suit by indorsee against acceptor, proof, 969-972.

payee's indorsement must be proved, when, 969, 970.

plaintiffs suing as partners must prove partnership, 972.
misnomer of payee, effect of, 972.

in an action against indorser, proof, 973.

proof of consideration, when necessary, 974–979.

who must begin, 975-978.

proof showing right to introduce defense, 976-978.
further proof on the merits, 979.

EVIDENCE-continued.

proving counter-claim or set-off, 979.

proof against drawer or indorser, of demand and notice,

980, 981

the same in respect to foreign bills, 982.

notice to drawer or indorser, how proved, 983–986.

by memorandum of deceased witness, 983–985.

proof of contents of notice, 986.

mode of proving notice, as to time, &c., 987, 988.
who may be called as witness, and when, 989.
proving signature or handwriting, 991-999.

by subscribing witness, 991-995.

who qualified to prove handwriting, 995–999.

comparison of hands by experts, 996–999.

giving a note, evidence of a settlement, how far, note, 788.
in a case where a single fact is put in issue, 963.

in action against drawer, need not prove acceptance, when,

964.

in action against acceptor need not prove presentment, 964.
in action against several acceptors, must prove acceptance

by each, 965.

when the acceptance is by a firm, 965.

when a firm note is made by one partner outside of its

business, 965.

when an agency to make, indorse or accept, must be

proved, and how, text and note, 966.

in the case of a note signed by the clerk of an agent,
note, 966.

in a suit against a surety-maker of a note, who signed with.
out consent of the principal maker, note, 967.
does such adding of a new name alter the contract so
as to avoid it, text and note, 967.

production of bill by payce, proof of title in him, though
specially indorsed to another, 968.

by indɔrsee to vest the title in himself as plaintiff, 969.
where the drawer forges the payce's indorsement, the

payee having no title, 969.

when the draft is payable to order of a fictitious per-

son, 969.

when it is payable to the order of a drawer or maker, 969.
the general rule requiring payee's indorsement, 969.
of the indorsement by the payee of a check, 969, 970.
of title to paper payable to bearer, 971.

EVIDENCE-continued.

or to a particular person or bearer, 970, 971.
possession proves title to such paper, 971.

of title to paper payable to order and indorsed by payee, by
blank indorsement, 971.

possession is proof of title, 971.

a payment by maker on a note does not estop him from
disputing holder's title, note, 971.

of title by payee who received the note in blank as to the
payee and insertel his own name, 972.

where the payee's name is that of two persons, father and

son, 973.

where the note is payable to one or other of two persons,

973.

against partners, proof that one of them made the note and
that the other acknowledged his liability on it

is sufficient, note, 972.

where one of a firm, the payces of a note, goes out and
another comes in, and the note is renewed to
the latter firm, note, 972.

what the indorsement of a note admits, text and note, 973.
presumption in favor of consideration, 974.

and of transfer in due course for value, 974.

effect of proof that the paper was lost by or stolen from the
owner, 974-978.

or that it was obtained by fraud, 974-978.

or made under duress, 974.

or without consideration for a particular purpose, and

diverted therefrom, 974.

or given for an illegal consideration, 975.

burden and order of proof in such cases, 974-979.

decisions illustrating the rule, text and notes, 975-979.

of facts to let in a defense, 976-978.

that plaintiff took the note past due and dishonored, 976-

978.

or with notice of impeaching facts, 976.

or without giving value for it, 976–978.

with implied notice, 976, 977.

or with actual knowledge, 976, 977.

the party taking dishonored paper, does so with notice, 976,

977.

plaintiff presumed to have paid value, though he took the

paper past due, 978.

EVIDENCE-continued.

not so, where it is proved to have been lost or stolen,
fraudulently obtained, or fraudulently negoti
ated, 978.

recent decision, note, 978.

giving value is the usual test of good faith, note, 978.

where the plaintiff stands in the shoes of an original party,

979.

proof of defense against, 979.

verdict and judgment admissible as proof, when, note,

979..

taking paper with notice of payment, 976.

when a set-off can not be proved, 979.
that plaintiff's possession is mala fide, 979.
that he has not title, 979.

or is not the real owner, 979.

of demand and notice, 794, 980, 981.

See Presentment for Acceptance, Non-acceptance, Presentment for Payment,
Notice of Dishonor.

demand and notice to be proved and conditions precedent,

979, 980.

and presentment for acceptance, when, 980, 982, 983.
and dishonor by non-acceptance, or non-payment, 980,
981, 982.

presentment at the right place, 980, 981.
and at right time, 981.

of protest of a foreign bill, 982.

certificate of a foreign notary, not proof of notice, 982.
notice need not be proved against drawer, when, 982.

though it must be against indorser, 982.

notice may be proved here by certificate of the notary,

when, 983.

presentment, &c., how proved, the notary being dead or

absent, 983, 984, 985.

by entry in register, by original protest signed by him,
983, 984, 985.

or by his memorandum, 984, 985.

not by his memorandum unless it shows the fact, note,

985.

what affidavit is sufficient to set aside the certificate of a

notary of the state, note, 983.

proof of notice, &c., by the memorandum of a clerk since

deceased, 984.

EVIDENCE-continued.

use of memorandum to fix the time of notice, 985, 987.
if living, the clerk must be called, 985.
abbreviations in register may be explained, 985.

when the original entry or memorandum will not avail, 985.
what testimony is sufficient to prove presentment and no-
tice, 987, 988.

how aided by general mode of business, entries and

general recollection, 987, 988.

by notary's certificate of service of notice, 795.

statutes in the other states, note, 795.

See Parol Evidence.

a draft in the hands of the acceptor, and a check in the hands
of the drawer, paid, is not evidence of a debt

due from drawer of the draft, 552.

or from the payee of the check, note, 552.

may be given between what parties, as to consideration,
&c., 18, 440, 441.

presumptions of, in favor of negotiable paper, 439.

consideration must be pleaded and proved, when, 298.

See Parol Evidence, Bona Fide Holder, Consideration, Indorsement and
Transfer, Presentment, Notice, Witness, &c.

EXCHANGE, of notes and acceptances, 452.

on notes and debts not allowed, 1018-1020.

rate of, when allowed on bills of, 1021-1024.
rule under law merchant, 1021-1023.

want of uniform rule, 1030.

EXECUTION, of bills and notes, &c., in pencil, by mark, &c., 87.
parties may so execute or indorse notes and bills, 170.

delivery essential to complete, 232-243.

must be alleged, 942.

See Acceptance, Delivery.

EXECUTORS AND ADMINISTRATORS, a negotiable note given by,

binds them personally, 75.

an acceptance without qualification, binds in same

manner, 75.

between the original parties, their note or acceptance

is evidence of assets, 75.

evidence that may be overcome by proof, 75.