HANDWRITING continued. proof of the signature to, is proof of contents of a contract, 999. and its date is presumptive proof of the time when made, 999. See Evidence. HOLDER BONA FIDE, see Purchaser, and Bona Fide Holder, 516-520. who is such, 448-450. presumption in respect to negotiable notes and bills, 439-442. when made for one purpose and diverted to another, 447-453. what is giving value for paper, 452, 453. HOLIDAYS, what are such, see Days of Grace, 720. HONOR, acceptance and payment for honor, 606-614. rights of party accepting or paying for, 606-613. HORSE-RACING, notes given to secure bets on, 477, 511-514. HOUR of presentment, &c., 556, 716-719. HUSBAND AND WIFE, see Married Woman. I. IDENTITY of party executing contracts, presumptions as to, 993. of payees, proving them partners, 972. of the payce, where he is misnamed, or where there are IGNORANCE of party's address excuses delay, when, 864, 865. ILLEGALITY of consideration, 470-515. of note given by corporation, 57. when it makes void notes and bills, 470. two ILLEGALITY-continued. when legal separable from illegal part of, 471. note given in renewal of several, one of which is illegal, 471. on grounds of public policy, 473–481. by express statute, 485-487. usurious contracts, 488-507. wagering, gaming and stock jobbing contracts, 472, 511- 514. of note given for liquors illegally sold, 475, 513. See Consideration, Illegality of. ILLNESS, an excuse for delay in presentment, when, 547. IMBECILITY of mind, when a want of legal capacity, 24-27. IMMATERIAL ALLEGATIONS, need not be proved, 964. IMMATERIAL ALTERATIONS, what are, 91. IMMORAL CONTRACTS, 474. several kinds of, 474-483. IMPLIED AUTHORITY, to fill up blanks, 88-91. blank acceptances, 572. of an agent to bind his principal, 81-83. IMPLIED WARRANTY of title, 238-241, 407-410, 740. INCAPACITY, to contract, what is, 24. mere weakness or immaturity is not, 24. circumstances of fraud, when, 24. the non-sane are incapable, 24. their contracts void or voidable? 25, 32. presumption of capacity, 26. incapacity must be pleaded, 26. inquisition, effect of, 27. from total intoxication, 28. habitual drunkenness, inquisition of, 28. from infancy, extent of disability, 29. INCAPACITY-continued. contracts of infant voidable only, 29–33. his note for necessaries, action on, 30. the indorsee may sue on, 30. new promise on coming of age, 31, 32. action on, 32. may repudiate usurious contracts, 32. not bound by an account stated, 32. not estopped, 32. liability on note given in case of bastardy, note, 32. no other person can set up his disability, 33. his right of action, 33. his acceptance, or indorsement, 33. repudiating his note, must do equity when, note, 33. INDEMNITY, for a lost bill, must be given, when, 420-427. not required, when, 421-428. not entitled to indemnity, when, 428, 435. may be tendered at time of trial, 428. party paying discharged, when, 434. part severed and lost, indemnity not necessary, 435. See Indorsement and Transfer. INDORSEMENT, manner of making, 15. contract of, 350-419. by whom made, 358-367. of bills and notes by executors, &c., 360-362. of notes in blank, creates an agency, when, 88, 367. under commercial law, 384. restrictive, when, 369, 395. by all the payees, when, 370. by a firm, 370–372. by party holding title by assignment, 373-376. when to be made, time important, 377. of bills and notes that are overdue, 377. of notes and drafts not negotiable, effect of, 326. INDORSEMENT-continued. indorser's undertaking, 380, 405. what he guarantees or admits, 406-410. indorsement by a stranger, effect of, 391, 868. indorsement for part, memorandum, 396, 397. essential to vest indorsee with rights of a bona fide INDORSEMENT AND TRANSFER, of bills and notes, 350. indorsement of notes not negotiable, liability of the when not entitled to notice, &c., 868. bills and notes, with right of action on, transferable, 351. bills of exchange at common law, 351. promissory notes by statute, 350. this transferable quality, their peculiarity, 351. assignor without authority warrants what, 322. where parties to are insolvent, 355. See Warranty. transferred without indorsement, holder must allege transferred without indorsement, subject to what de- the transfer of bills and notes is a contract, 357. legal capacity to do the act, 357. an infant may transfer such paper, 358. and may avoid his contract as indorser, 358. when and how he may do so. 358. on what condition, 358. may ratify, and how, on coming of age, note, 358. negotiable paper payable to married woman, how transferred, 359 INDORSEMENT AND TRANSFER-continued. at common law by her husband, or in his name, 359. by the wife with his assent, 359. under the statute, in her own name, note, 359. may bind herself by note, 359. cannot bind herself by indorsement, 359. executors or administrators may transfer, 360. may recover on bills and notes in their individual when, and when not, 360. each of several represents deceased, and may transfer, 361, 76. executors or administrators but one person in law, 361. whether payable to them, or to deceased, 361. cannot bind the estate by indorsement, 362. when personally liable on, 362, 76. by cashier of a moneyed corporation, 362. or by agent or other officer, 362. mode of indorsement, held official act, 362. note, 362. but its cashier, apparently acting for, binds the bank, note, 362. his is an indorsement by the bank, note, 362. payee's right to transfer by indorsement, 363. admitted by maker and acceptor, 363. the indorser affirms the competency of the maker, note, 363. only the party having the title, can transfer, 364. back, 364. indorsement by party of same name as payee, 365. indorsement by use of initials, a mark, &c., 365. must show his title, right of action, 366. |