INDORSEMENT AND TRANSFER—continued. not sufficient to charge indorsee with notice, 398. may, as between immediate parties, 398. liability of indorsers among themselves, 399. liable in order of indorsing, 399. joint payees not successive indorsers, 399. 400. in what other cases, 400. when adding agent, treasurer, cashier, is without re- course, 398. adding backer or surety is not, 398. a resolution of directors presumed, when, note, 520. the indorsement is presumed to be a double contract, 401. a transfer and a conditional promise to pay, 401. 401. transfer made and completed by delivery, 402. title, 402. indorser is, in effect, a new drawer, 402. averment of indorsement, making, &c., 403. a note has its inception from and by delivery, 403. so of an acceptance or indorsement, 403. an exception, where it is to be given for goods, &c., note, 403. may be transferred without indorsement, 404. but not with the usual presumptions, 404. the assignee takes it subject to prior equities, 404. the undertaking of each presumed stipulation, 405. what the drawing or indorsement implies, 405. drawer and indorser supposed to stipulate for notice, &c., 405, 790. admission or warranty as to prior parties, 406. that the paper is not forged, 408. that it is genuine and valid, 408. INDORSEMENT AND TRANSFER-continued. that the prior parties are liable and competent, liable where he indorses as indorser, 408. liable without indorsement, when, note, 408. if he knows it void, or if his title fail, 408. selling of forged bills or insolvent notes, 410. as agent, without disclosing principal, 410. discharge of, 411. indorser's contract discharged, by payment by prior party, 411. or by release of prior party, 411. or by giving time to prior party, 411. not discharged where holder reserves right, 411. 412. when usurious consideration is paid, 412. agreement must be without consent of indorser, 413. giving time has same effect in equity, after judgment, mere indulgence to prior party, does not discharge, 413. must be by valid contract to discharge, 413. the indorser not treated exactly as surety, 414. though he also has right of action against his liability of surety maker or surety drawer, and INDORSEMENT AND TRANSFER-continued. relation and rights as between principal and surety, 417. action by surety to recover amount paid, holder has right of action against all the parties, 418. and must respect their rights, as to each other, 418. an accord with prior party, effect of, 418. an agreement to take security and extend time, 418. holder may remain passive and retain his rights, 419. reason why he cannot give time by contract 419. by giving time, he changes contract, 419. ties, 419. the prior parties do not suffer by such agreement, 419. the rule is the same when paper is made for accom accommodation maker and acceptor not discharged LOSS OF NEGOTIABLE PAPER, effect of on right of action, 420. common law rule, and reason of, 420. our statute on the subject, terms of it, 421. 421. a negotiable check is a bill, within the statute, note, 421. the act applies only to negotiable paper, 421. which has been lost, 421. not to paper voluntarily destroyed, 421. does not apply if paper be found and produced, 421 operates only upon the remedy, 421. does not release holder from proceedings to INDORSEMENT AND TRANSFER-continued no right to demand receipt on payment of a difference between that and negotiable paper, 422. loss of paper payable to A. B. or order and not or specially indorsed to plaintiff, note, 422. 422. discussion of general rule, 423-427. lost in such condition that it will pass by deliv- ery, 424. bond must be given, note, 424. remedy on, in England, in equity, why, 424. mislaid and destroyed, but not lost, case of, 426. accidentally destroyed, 427. statute does not apply to drafts, checks or notes not not presumed negotiable, 428. in action on original demand, negotiable paper given proof of loss, by whom to be given, 428. proof of condition of paper when lost, 428. voluntary destruction, 428. holder's right to payment, independent of statute on costs of proceedings if refused, 429. loss of one of parts of a foreign bill, 430. drawee when to give note for amount, 430. drawee's refusal to return bill to holder, 430. demand and notice, in case of lost note, how made, indemnity to indorser, 431. indorser to be charged in usual way, 432. not excused by, 672. loss of part of bank note, severed for transmission, INDORSEMENT AND TRANSFER-continued. to bank not to pay check, 434. loss of bank notes, 435. notice should have respect to condition and purchaser of lost or stolen paper, rights of, 436. may hold if he takes it in good faith and for usual test of good faith, general rule, notes, 438. INDORSEE, merely an agent, when, 367. is something more than an assignee, 404. who are assignees, 374-376. right to fill up blank indorsement. 389, 390. to strike out indorsements, when, 394. INDORSER, his contract governed by what law, 230, 381-383. liable on warranty if name prior to his be forged, 274. 275. liability of, amongst themselves, 399. may be shown by parol, 399. see note giving substance of statutes, 383. his contract conditional, 381-385, 410, 414–419. liability of before delivery to payce, 391. before delivery to payee, is joint maker when, 393. second indorser, when, 393. presumption in New York as to, 393. may be rebutted by parol proof, 393. released by striking out prior indorser, 394. promise with full knowledge after discharge, 419. waiver of objection may be shown, 419. may limit its liability, £95, 398. parol evidence admissible to show him not liable, 442. when a maker or guarantor, 391. prima facie defense by, 788. See Indorsement and Indorsement and Transfer. is like and unlike a surety, 765, 763. discharged if maker or acceptor pays, 766. |