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FRAUD, defined, 191, 434

title defective if bill obtained by, 190

acceptance obtained by, 190
negotiation fraudulent, 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
burden of proof is shifted, on evidence of, 198
title may be through holder in due course, 198

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,
213, 219, 220, 221, 242, 245, 252, 257, 270, 301, 316, 320, 354,
366, 372, 397, 413, 432

FUND, order to pay out of, not a bill, 48

indication of, may be in bill, 48
illustrations of orders on a, 48-50

bill or cheque not an assignment of, 310-1
GENERAL ACCEPTANCE, 107. See Acceptance
GENERAL CROSSING. See Crossed Cheque


GOOD FAITH, wrong date inserted in, 86

holder in due course, takes bill in, 186, 188
negotiation of bill in breach of, 190
payment in due course must be in, 332
bank paying crossed cheque in, 410-2
thing done honestly deemed to be in, 433
negligently may be in, 433-5

is always presumed, 433

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HOLDER, Continued.

is prima facie a holder in due course, 198
negotiation of bill to transferee as, 206
negotiation of bill to order to, 208

transferring bill to order without indorsement, 209
when usurious bill void in hands of, 202

may sue on bill in his own name, 232

general duties as to presentment, 240, 254, 257
notice of dishonor enures to benefit of others, 275
noting or protest of inland bill by, 297

when holder becomes transferrer by delivery, 327
receiving payment in due course, 332

when bill is discharged by acceptor being, 352
may renounce rights against acceptor, 353

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
"not negotiable," 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
general duties of, as to presentment, 240

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
nights of, are determined by the law of the place, 389
when may treat bill as an inland bill, 55
may date undated bill or acceptance, 85

may resort to referee in case of need, 97

sight draft accepted as of first presentment, 106-7
may enforce bill against parties not incapacitated, 136
deriving title through a holder in due course, 196
may convert blank into special indorsement, 220

HOLDER, Continued.

may sue on bill in his own name, 232

may refuse to take a qualified acceptance, 253
against drawer and indorsers on dishonor, 251
on dishonor by non-payment. 269

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
holder having lien is deemed to be, 180
accommodation party is liable to, 184-6
warranty of transferrer by delivery to, 329

rights of, in negotiable instruments, 454
of debentures protected, 456


protected if wrong date inserted in good faith, 86

bill is improperly filled up, 116-9

valid delivery to, conclusively presumed, 121
defined, 186

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
when protected without notice of dishonor, 272

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
HOLIDAYS, what days are, for bills, 90-3

last day of grace falling on, 90

for the whole Dominion, 91

additional, in Quebec, 92

in England, 92

in the United States, 93

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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
rules for presentment for payment, 257-8
protest after three in the afternoon, 302

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
INCHOATE INSTRUMENT, signature on blank paper, 114
holder may fill up blanks, 114-6

must be filled up in reasonable time, 116

and in accordance with authority given, 117-9
in hands of holder in due course, 117, 119
promissory note, until delivered, 421

INDEMNITY, in action on lost bill, 375

defendant should demand, on lost bill, 375
is not required if bill is not negotiable, 376

INDORSEE, when he need not indorse, 74

of "patent right" bill, takes subject to equities, 203
if two or more, all must indorse, 214

transfer of part of bill to, invalid, 214

rule as to mis-spelling or wrong designation of, 215
payment to, contrary to condition is valid, 217

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
may be on any part of bill or on allonge, 29, 211, 213
blank, makes bill payable to bearer, 72

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


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without personal liability, 211
agreement to indorse is not an, 212
on allonge or copy of bill, 213

must be of entire bill, 213

must be by all payees or indorsees, 214

when payee or indorsee, wrongly designated, 215
when name of payee or indorsee mis-spelt, 215
suggested modes of indorsement, 216

order of, on bill deemed proper order, 216

may be in blank, or special, or restrictive, 217
conditional, may be disregarded by payer,
what is indorsement in blank, 219

what is special, 219, 220

holder may convert blank into special, 220
holder may strike out blank, 221

what is restrictive, 222

examples of restrictive, 223

rights given by restrictive, 224

rights of indorsee under restrictive, 224


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
estoppel of acceptor as to any prior, 317

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
demand note presented within reasonable time after, 424

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
when corporation may be, 124

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