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RULING CASE LAW

VOLUME XXI

PAYMENT

I. INTRODUCTORY

II. TIME OF PAYMENT

III. PLACE OF PAYMENT

IV. PERSONS AUTHORIZED TO RECEIVE PAYMENTS

V. PERSONS AUTHORIZED TO MAKE PAYMENTS

VI. MODE OF PAYMENT

VII. MEDIUM OF PAYMENT

VIII. APPLICATION OF PAYMENTS

IX. OPERATION AND EFFECT

X. PLEADING AND PROOF

XI. EVIDENCE

XII. PRESUMPTIONS

XIII. RECOVERY OF PAYMENTS

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14. Implied Authority to Receive Payment

15. Possession of Negotiable Security as Evidence of Authority 16. Possession of Mortgage

17. Payment to One Having Apparent Authority but Not Possession 18. Obligation Payable at Specified Place

19. Payment to Subagent

20. Termination of Agent's Authority

21. Payment to Assignor

22. Guardian; Executor

23. In Garnishee and Sequestration Proceedings

24. Joint Obligee; Forger

25. In General

26. Volunteers

V. Persons Authorized to Make Payments

27. Rights of Volunteer

28. In General

VI. Mode of Payment

29. Persons Acting in Dual Capacity of Debtor and Creditor

30. Transmitting Money by Mail

31. Depositing Money at Place of Payment

32. Transfer of Creditors on Bank Books; Directing Bank to Charge

33. Acceptance by Bank of Verbal Order to Pay

VII. Medium of Payment

IN GENERAL

34. Money

35. Legal Tender

36. Bank Notes Generally

37. Notes of Insolvent Bank

38. Money Current at Time and Place of Payment

39. Confederate Money

40. Counterfeit and Base Coin

41. Payment in Stolen Money 42. Mutual Debts

43. Payment in Property

44. Taking Security

CONTRACTS DESIGNATING MEDIUM

45. In General

46. Waiver of Money

47. Contract to Pay in Particular Money

48. Construction of Contracts to Pay in Particular Money 49. Judgment on Contract Payable in Particular Money

50. Contract to Pay in Confederate Money

51. Contract to Pay in Property

52. Duty of Debtor under Contract Giving Option as to Medium

PAYMENT TO AGENT

53. In General

54. Sheriffs

55. Kind of Money Agent May Receive

56. Assumption of Debt by Agent

COMMERCIAL PAPER

57. In General

58. Surrender of Negotiable Paper as Condition to Recovery on Original Indebtedness

CHECKS

59. View that Check of Debtor Is Not Payment

60. View that Check of Debtor Is Prima Facie Payment

61. Check of Third Person; Draft; Certificate of Deposit

62. Contemporaneous Debt

63. Agreement to Accept Check as Payment

64. Subsequent Acts of Creditor; Certification
65. Laches of Creditor

66. Taking Check of Drawee in Payment
67. Delay in Presenting Substituted Check
68. Charging Check to Drawee's Account
69. Time of Payment When Made by Check

NOTE OF DEBTOR

70. View that Negotiable Note Is Not Payment 71. Contemporaneous Debt

72. Agreement to Receive Note as Payment

73. Subsequent Acts of Creditor

74. Void or Worthless Paper

75. Renewal Notes

76. Collateral Rights of Creditor as Affected by Receiving Note

77. Lien of Creditor as Affected by Taking Note

78. Note of Joint Debtor

79. Note of Partner for Firm Debt Generally

SO. Agreement to Release Other Partner

81. Note Given after Dissolution of Firm

82. Note Given or Received by Agent or Public Officer

83. View that Negotiable Note Is Payment

84. Force of Presumption that Note Was Accepted as Payment

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