GENERAL INDEX.

[N. B. Vol. 1 comprises §§ 1-567; Vol. 2, §§ 568-1391; Vol. 3, the residue.]

Reference is to Sections.

A

"A. B., BEARER,"

a note payable to, is payable to A. B. only, 160, 175.

such a note is nonnegotiable, 160, 175.

"A. B., OR BEARER,"

a note payable to, equivalent to one payable to bearer only, 160, 175.
transferable by delivery, 159, 160, 175.

and negotiable, 175.

the holder need not prove title, 160.

nor consideration, 159.

the bearer may sue both makers, although A. B. is one of them, 160.
the declaration need only aver possession, 160.

indorsement of A. B. need not be proved, 160.

in some states can only be transferred by indorsement, 160, 175.
note "to

160.

or bearer," original holder may sue without filling blank,

averments and proof in actions on such notes, 160.

"A. B., OR HOLDER,"

a note payable to, is equivalent to one payable to bearer only, 160.

"A. B., SHERIFF,"

indorsement, as notice of its character, 1010.

"A. B., SYNDIC,"

indorsement, as notice of its character, 1010.

"A. B., TRUSTEE,"

indorsement, as notice of its character, 1010.

ACCEPTANCE,

general principles:

defined, 5, 588.

is governed by the law of the place of acceptance, 36.

and not by the domicile of the acceptor, 36.

by parol-sufficiency determined by lex loci contractus, 29.
agreement for-construction by lex loci contractus, 29.

discount by drawee before, 588.

[Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.]

ACCEPTANCE-Continued.

may be waived, 588.

not always necessary, 588.

is necessary to create a liability on the part of the drawee, 589, 635, 644.
although bill drawn against consignment of goods received, 589.
drawing of bill on one's self is equivalent to an, 588.

drawn by partner upon his firm, 588.

by agent on his principal, 588.

by president of a corporation upon its treasurer, 588.
certification of checks equivalent to, 8, 568, 642.
acceptance of bill drawn in fictitious name, 148.
and payable to drawee's order, 148.

name of drawee need not appear on the bill, 171, 588.

bill cannot be directed to one person and accepted by another, 171.
may be drawn on several persons and accepted by one, 171.
declaring upon such an acceptance, 171.

an indorsement changed into an acceptance is a material alteration, 171.
a bill may be addressed "at" instead of "to" the drawee, 171.

or directed to a particular house instead of to the drawee by name, 171.
instrument in form of note, addressed to, and accepted by, third per-
son, 171.

a renewal of an, is the same as an extension, 958.

consideration for, 633, 634.

debt from acceptor to drawer is sufficient, 633.

to payee is sufficient, 633.

cannot be questioned against bona fide holder, 633.

only one part should be accepted, 240.

rights under bill of lading, 634, 625 n.

obligation to accept:

none because the drawee is indebted to the drawer, 589.

except bills or drafts drawn on a banker, 589.

drawee of check not liable to payee without, 589.

not presumed from possession by drawee before dishonor, 589.
unaccepted bill, not an assignment of the fund, 589.

so, an uncertified check, 644, 605 n.

bill of lading retained by payee without acceptance, 589, 634 n.
foreign statutes, 590.

delivery:

delivery is necessary to complete an acceptance, 216, 637, 618.
an acceptance may be canceled before its delivery, 216, 637.
acceptance has no effect until bill is completed and delivered, 216.
effect of unreasonable detention by drawee, 216.

blank:

on blank paper no liability until filled, 635.

signature of the drawer may be added after acceptance, 185.
blank may be filled after acceptor's death, 373.
acceptance supplies the omission of drawee's name, 171, 185.
blank acceptance filled payable at a particular place, 186.
filling does not discharge an accommodation indorser, 186.

[Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.]

ACCEPTANCE-Continued.

place of payment:

acceptance in blank is to pay at place of payment named on bill, 122.
when default is made in accepting at the place on which it is drawn,
drawer is liable for its payment at that place, 122.

place may be written over blank, 588.

foreign statutes, 608.

making payable at banker's authorizes payment by banker, 636.
foreign statutes, 608.

if no place be named, the acceptance is general, 122, 1113, 1120.

the acceptor may qualify to pay at a particular place, 122.

this may be done by accepting "payable at," etc., 122.

or by simply adding his address to his signature, 122.

in England, acceptance must be payable at a specified place, "only, and
not elsewhere," 122, 126.

by whom given:

by the drawee named, 591.

by stranger equivalent to a promissory note, 591, 1188.

or a guaranty, 863.

when no drawee named, 591, 588.

place of payment only named, 591.

drawee being an infant, 591.

for honor, 594.

by agent:

holder may require evidence of agent's authority, 592.

if refused by agent, equivalent to a dishonor of the bill, 592.
authority presumed from payment of other acceptance, 363.
by public officer, 350.

United States may be bound by the, 592.

though it cannot be sued on such an, 592.

foreign statutes, 592.

holder not bound to take the, of an agent, 592.

agent liable personally if the, is without authority, 592.

drawn by principal on agent, 592.

drawn upon and accepted by agent of a company, 592.

acceptance "by A. B., Treasurer," 592.

liability of principal or agent, how indicated, 139, 145, 171, 335.
by insufficient corporate officers, 593 n.

by partners:

in firm name, binds all, 171.

by one partner sufficient, 593.

even though it be in his individual name, 593.

but should be in firm name, 593.

foreign statutes, 593.

several drawees not partners, by all, 593.

though an, by part only, binding on those who do, 593.

in the alternative, may be by either, 593.

drawer and drawee having common partner, 404.
members of a committee, 593 n.

[Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.]

ACCEPTANCE-Continued.

when made:

within a reasonable time, 595.

generally twenty-four hours, 595.

unless shortened by refusal, 595.

or by departure of the regular daily mail, 595.

not so in the United States, 595.

if no answer within that time, the holder should protest, 595.

if longer time allowed, prior parties should be notified, 595.
foreign statutes, 595.

detention equivalent to an, 595.

if payable per advice, not before advice received, 595.

after acceptance refused and acceptance supra protest, 596.
after transfer, 596, 632.

after it has matured, 596.

after death of the drawer, 596.

should not be after the bankruptcy of the drawer, 596.

before or after transfer, same liability, 632.

acceptance before drawing:

may be by force of statute in England, 597.

signature on blank paper, 597.

may be declared on as given before, 597.

date of:

not necessary, 83, 598.

unless payable at a certain time after sight, 83, 598.

signature of drawee and date over it are sufficient, 598.

written above signature in a different writing, is presumptive, 598.
foreign statutes, 608.

if not dated, presumptively given at date of bill, 83, 598.

or after date of bill, 598.

or before the maturity of the bill, 83, 598.

or within reasonable time after date, 598.

actual date may be shown by parol evidence, 83, 598.

form:

no particular words necessary, 599.

may be implied, 599.

from conduct of drawee, 599.

or from other circumstances, 599.

after refusal, letting holder have goods to sell, 599.

drawee afterwards receiving a consignment of goods, 599.
"accepted," written on a bill, is a sufficient, 5, 600.

"seen," "presented," written on a bill, is a sufficient, 600.
marking bill after banking hours, 600.

"excepted" written by mistake for "accepted," 600.

writing one's name across face of bill, 600, 603.

English statutes, 603.

must be direct, positive, and unambiguous, 600.

what are sufficient expressions, 600, 601.
part payment, 601.

[Reference is to sections. Vol. 1, §§ 1-567; vol. 2, §§ 568-1391; vol. 3, §§ 1392-1904.]

ACCEPTANCE-Continued.

not within the statute of frauds, 603.

nor is an agreement for, 603.

by parol:

is sufficient, 603, 604.

when writing not required by statute, 604.

so an, to pay a bill out of the proceeds of certain goods, 604.

holder not obliged to take, 604.

not necessary to aver that it was in writing, 604.

no protest of inland bills by statute of Anne, unless in writing, 604.
statutes of England require foreign bills to be accepted in writing, 604.
and signed by the acceptor, 604.

some American statutes require writing, 605.

credit on books insufficient, 605 n.

parol proof of acceptance as a collateral fact, 605.

acceptor's signature:

mere signature not sufficient, in England, under 19 & 20 Vict., 606.
position of the signature immaterial, 606.

in California, must be written across the face of the bill, 606.

may be written upon another paper, 606.

but may be required to be written on the bill, 606.

may be by telegram, 606.

so an agreement to accept by telegram, 606 n.

special provision in Oregon statute for bills drawn by telegram, 606.

American statutes, 606.

foreign statutes, 607.

authority to draw:

is an agreement for, 609.

is equivalent to, 609.

is a promise to pay, 609 n.

must be express and special, 609.

what words amount to, 609.

to draw in favor of creditors, 609.

may be given by blank acceptances, 609, 612 n.

promising a credit in favor of a third person, 609.

refusing to accept a bill after giving authority to draw, 609.

authority must be known and relied on, 610.

and strictly followed, 609 n., 610 n.

a promise to notify one when he may draw, 610.

an authority to draw "on us, or either of us," adding, "We jointly and
severally hold ourselves accountable," 610.

revoked by death of the drawee, 610.

or by his bankruptcy, 610.

may be continuing, 610.

agreement for:

of an existing bill, 5, 611.

written agreement to pay less, 600.

statute of frauds, 603.

"will indorse, if necessary, for the amount of purchases," 611.