FRAUD, defined, 191, 434 title defective if bill obtained by, 190 acceptance obtained by, 190 is not presumed, must be proved, 191 illustrations of bills obtained by, 192-4 may be holder in due course, unless party to, 196-7 illustrations of onus of proof, 199-202 fraudulent alteration of bill is forgery, 365 mere negligence is not proof of, 434 FRENCH LAW in Quebec, 7 in Ontario, 10 ancient, 7, 8, 10, 56, 87, 97, 113, 114, 167, 219, 242, 252, 253, 319, 350 354, 372, 422 modern, 34, 46, 51, 52, 56, 67, 72, 87, 91, 96, 97, 113, 114, 167, 168, FUND, order to pay out of, not a bill, 48 indication of, may be in bill, 48 bill or cheque not an assignment of, 310-1 GOLDSMITHS' NOTES, 1. GOOD FAITH, wrong date inserted in, 86 holder in due course, takes bill in, 186, 188 is always presumed, 433 HOLDER, Continued. is prima facie a holder in due course, 198 transferring bill to order without indorsement, 209 may sue on bill in his own name, 232 general duties as to presentment, 240, 254, 257 when holder becomes transferrer by delivery, 327 when bill is discharged by acceptor being, 352 any party to bill, 355 may discharge bill by cancellation, 359 any party by cancelling his signature, 359 cancellation without authority of, is inoperative, 360 may claim duplicate of lost bill, 374 rights of holders of different parts of set, 378 may cross a cheque generally or specially, 408 entitled to expenses of noting and protesting, 440 duties of, may be waived by drawer or indorser, 97-8 not to take qualified acceptance without authority, 253 to present for acceptance, 124 or to negotiate, 243 to allow drawee two days and no more, 250 to present bill for payment, 254, 257 even if dishonor expected, 265 to give notice of dishonor, 270, 273 to protest inland bill in Quebec, 297 foreign bill for non-payment, 299 should exhibit bill on demand of payment, 309 may resort to referee in case of need, 97 sight draft accepted as of first presentment, 106-7 HOLDER, Continued. may sue on bill in his own name, 232 may refuse to take a qualified acceptance, 253 when may protest for security, 301 of unaccepted cheque as against the bank, 403 of crossed cheque no greater than prior holder, 411 HOLDER FOR VALUE, when holder is deemed to be, 179-80 rights of, in negotiable instruments, 454 HOLDER IN DUE COURSE, protected if wrong date inserted in good faith, 86 bill is improperly filled up, 116-9 valid delivery to, conclusively presumed, 121 every holder deemed to be, 198 protected as to note for a patent right, 203 holds bill free from defects, 235, 239 may enforce payment against all parties liable, 236 estoppel of acceptor as against, 313-5 drawer as against, 316 indorser as against, 317 stranger signing bill liable as indorser to, 319 not affected by renunciation without notice, 355 if alteration not apparent, may enforce as before alteration, 361 of part of set with acceptance, may enforce it, 378 estoppel of maker of note as against, 431 when drawee of cheque entitled to rights of, 450 last day of grace falling on, 90 for the whole Dominion, 91 additional, in Quebec, 92 in England, 92 in the United States, 93 HONOR, acceptance for, 366-371-See Acceptance for Honor payment for, 371-4-See Payment for Honor notarial act of, 372-3, 473 HOUR, presentment should be at reasonable, 246 HUSBAND AND WIFE-See Married Woman ILLEGAL CONSIDERATION, a defect in title, 190 what is, 194 illustrations of, 195-6 overdue bill for, 226 IMMEDIATE PARTIES, delivery as between, 121 who are, 122 IMPRISONMENT for breach of "patent right" provisions, 204 must be filled up in reasonable time, 116 and in accordance with authority given, 117-9 INCIDENTAL DEMAND, defined, 25 defendant should demand, on lost bill, 375 INDORSEE, when he need not indorse, 74 of "patent right" bill, takes subject to equities, 203 transfer of part of bill to, invalid, 214 rule as to mis-spelling or wrong designation of, 215 blank indorsement specifies no, 219 provisions as to payee apply to, 220 restrictive, takes subject to restrictions, 224 INDORSEMENT, must be completed by delivery, 29, 119 of overdue bill, effect of, 82 date of, deemed true date, 87 by infant, etc., gives rights to holder, 136 right of drawee of cheque paying on forged, 146, 450 of bill payable to order, 208 of notarial note in Quebec, 208 transfer for value without, 209 requisites of a valid indorsement, 211 INDORSEMENT--Continued. without personal liability, 211 must be of entire bill, 213 must be by all payees or indorsees, 214 when payee or indorsee, wrongly designated, 215 order of, on bill deemed proper order, 216 may be in blank, or special, or restrictive, 217 what is special, 219, 220 holder may convert blank into special, 220 what is restrictive, 222 examples of restrictive, 223 rights given by restrictive, 224 rights of indorsee under restrictive, 224 217 negotiability of bill stopped by restrictive, 225 of overdue bill, effect of, 225 undated, presumed before overdue, 230 demand bill presented within reasonable time after, 255 presentment for payment excused as to accommodated indorser, 267 pour aval, 319 validity of bill at time of, 318 transferrer by delivery negotiates without, 327 of more than one part of a set, 377 interpreted by lex loci contractus, 383 of inland bill abroad governed by law of Canada, 388 if given as collateral security not necessary, 424 INDORSER of overdue bill, liability of, 82 may name referee in case of need, 97 may negative or limit his liability to holder, 97 may waive holder's duties as to himself, 97-8 may indorse "without recourse," 98 blank signature for bill may be used for that of, 114 contract of, incomplete until delivery, 119 delivery must be authorized by, 121 if bill not in possession of, delivery presumed, 121-2 |