IV. Relief to. V. Costs in actions against. I. Exception to-Action on Bail Bond. 1. Judgment on bail bond set aside, because plaintiff had not in time excepted Ferris v. Phelps, 446. S. C. vol. 1, p. 249. II. Exoneretur. 1. Where principal discharged as a Bankrupt. 2. The principal being discharged as a bankrupt, the court will order an ex- Ingraham ads. Kanes, 521. S. C. vol. 2, p. 403. 2. Where discharge obtained within the 8 days of grace. 3. If the discharge be obtained within the 8 days of grace, the court will order Kanes v. Ingraham, 521. S. C. vol. 2, p. 403. 3. Order to show cause why it should not be entered. 4. A judge at his chambers may make an order sedente curia to show cause Strang v. Barber, 461. S. C. vol. 1, p. 329. 4. Upon surrender. 5. The surrender before him previous to such order, if within the 8 days of III. Proceedings against Bail. 1. Laches of Bail. 6. After judgment on sci. fa. against bail and execution issued, and two Jones v. Dunning, 485. S. C. vol. 2, p. 74. 2. Bail are not especially favored. 7. Motion to set aside a default on an affidavit of merits, and on the ground Gorham v. Lansing, 469. S. C. vol. 2, p. 107. 3. Pleadings. 8. A person sued as special bail allowed by plea to traverse the fact that he The plea averred that there was another of the same name, &c. who became IV. Relief to. 9. A defendant on a bail bond suit, may at all times discharge himself by 10. On bail bonds, the equitable power of the court arises only after the con- Bird v. Mabbit, 423. S. C. vol. 1, p. 31. 11. A discharge of bail on payment of costs is a condition which they must V. Costs in actions against. 12. A suit on bail bond allowed to proceed to compel the payment of costs Campbell v. Grover, 468. S. C. vol. 2, p. 105. See HOMINE REPLEGIANDO. BAILMENT. PRACTICE. Degree of Diligence required of Bailee. 1. An agent receiving a bill of exchange as bailee from another, to be cred- 2. A general bailee is bound to use a degree of diligence and attention ade- Rutgers v. Sweet, 478. See Rutgers v. Lucet, vol. 2, p. 92. BANK OF THE UNITED STATES. Whether the act incorporating the president, be public or private, it is not Bank of the United States v. Haskins, 435. See S. C. vol. 1, p. 132. BANKRUPT. Effect of Discharge on liability of Bail. A release of the prisoner by the sheriff, in consequence of a discharge by the Milns v. Green, 503. S. C. nom. Milner et al. v. Green, vol. 2, p. 283. BIDDING AT AUCTION.. See AUCTION. SALE AT AUCTION. BILL IN CHANCERY. See CHANCERY. BILL OF EXCHANGE-PROMISSORY NOTES- I. Nature of Checks. II. Duties of holder. III. Construction of "months after date." IV. The Consideration. V. Of the Drawer of a Bill-Liability of one who VI. Presentment and Demand. 1. When to be made. 2. Where to be made. VII. Notice of non-acceptance or non-payment. 1. When given by agent. 2. What will excuse. 3. Effect of failure to give. 4. Waiver of. 5. Form of notice. 6. When transmitted. VIII. Rights of Endorser under Insolvent Acts of 1788, 1819, and Revised Statutes. IX. Damages on protest of. X. When payment of a precedent Debt. XI. Usury in. XII. Construction of Act of July 6, 1797, laying Duty on Stamped Paper. XIII. Action on. 1. Right of. 2. Parties. 3. Set-off. 4. Evidence. a. Inquiry into Consideration. b. Proof of Consideration. 5. Witness in. I. Nature of Checks. 1. Bank checks are considered as inland bills of exchange, and may be de Cases and authorities, p. 10, n. (a.) 2. Distinction between bills of exchange and bank checks, p. 10, n. (a.) II. Duties of holder. 3. The holder of a check is bound to use due diligence in obtaining the money Cases and authorities, 10, n. (a.) III. Construction of "months after date." 4. Time in cases of promissory notes and bills of exchange is to be calcu Leffingwell v. White, 427. See S. C. vol. 1, p. 99. IV. The Consideration. See Infra, XI, XIII, a., b. V. Of the Drawer of a Bill-Liability of one who draws 5. A person who signs a note in the name of another, as his attorney, with- Dusenbury v. Ellis, 70, 532. See Cottrell v. Thorne & O'Hara, 544. VI. Presentment and Demand. 1. When to be made. 6. A bank check must be presented for payment within a reasonable time. Where a check was drawn in March, 1800, and was not presented until Oc- Conroy v. Warren, 258-2, 560. 2. Where to be made. 7. Where a note was made payable at the bank of Albany, and a demand Cases and authorities on this question, 73, n. (b) and (c.) VII. Notice of non-acceptance or non-payment. 8. It is generally sufficient for the agent of the holder of a foreign bill of ex- 2. What will excuse. 9. The prevalence of the fever in New York in 1798, admitted as an excuse See vol. 2, p. 75. Tunno & Cox v. Lague, 476. See vol. 2, p. 1. 3. Effect of failure to give. 4. Waiver of. 10. A pending negotiation for settlement between the holder and endorser, 5. Form of Notice. 11. Notice of non-payment to the endorser of a note generally where part See vol. 1, p. 131, 132, n. (a.) 6. When transmitted. 12. Endorsee against endorser, held, that notice to the endorser on the third Corp v. Macomb, 460, 608. See vol. 1, p. 328. |