was held for her. Held, that there was not sufficient evidence to § 22. entitle the plaintiff to a judgment against her: Moore v. Jackson, 16 Ont. A. R. 431 (1889). See Palliser v. Gurney, 19 Q. B. D.

519 (1887).

4. A promissory note signed by a wife, separate as to property, is null, unless authorized by her husband: Badeau v. Brault, 1 L. C. J. 171 (1857), overruling Rivet v. Leonard, 1 L. C. J. 172 (1848); Danziger v. Ritchie, 8 L. C. J. 103 (1864).

5. A wife is not liable on a note made by her jointly with her husband where she received no value: Shearer v. Compain, 5 L. C. J. 47 (1860).

6. A husband and wife are both liable on a note given for business in which they are jointly interested: Girouard v. Lachapelle, 7 L. C. J. 289 (1868).

7. A note made by a wife, separate as to property, in favor of her husband, and indorsed by him for necessaries purchased by her is binding on her: Cholet v. Duplessis, 6 L. C. J. 81 (1862).

8. A note made by a wife, who is a public trader, for her business is binding on her, although not authorized by her husband: Beaubien v. Husson, 12 L. C. R. 47 (1862).

9. Where a minor simply pleaded his minority to an action on a note given by him, held that he should have pleaded lesion and asked to be relieved to the extent to which he was not benefitted Cartier v. Pelletier, 1 R. L. 46 (1868); Boucher v. Girard, 20 L. C. J. 184 (1875).

10. A note made by a minor engaged in trade in connection with his business is binding on him: City Bank v. Lafleur, 20 L. C. J. 131 (1875).

11. A wife separate as to property is not liable on a note given for a debt of her husband: Scantlin v. St. Pierre, 10 R. L. 52 (1879).

12. The authorization of a married woman to make a promissory note is sufficiently proved by the indorsement of her husband: Johnston v. Scott, 3 L. N. 171 (1880).

M'C.B.E.A.-9

$ 22,

13. The indorsement by a wife, separate as to property, of her husband's note given for goods sold and delivered and charged to him is null, although such goods may have contributed to her support: Bruneau v. Barnes, 25 L. C. J. 245 (1880).

14. A promissory note, made by a wife separate as to property, jointly and severally with her husband, is null and of no effect as regards the wife, such an obligation being prohibited by the terms of Art. 1301 C. C.: Chapdelaine v. Vallee, M. L. R. 3 S. C. 380 (1886).

15. A person is liable on a note given by him during infancy, if, after coming of age, he promises to pay it: Fisher v. Jewett, 2 N. B. (Berton) 69 (1835).

16. A married woman is not liable on a note given by her during her coverture: Sinclair v. Wakefield, 13 N. S. (1 R. & G.) 465 (1880).

17. Complete drunkenness, so that the party did not know what he was doing, held to be a good defence by an indorser against an indorsee who took with notice: Gore v. Gibson, 13 M. & W. 623 (1845).

18. An infant 20 years and 9 months old accepts a bill payable in six months. He ratifies the transaction on attaining his majority and the bill is negotiated. He is not liable on the bill ex parte Kibble, L. R. 10 Ch. 373 (1875); 37 & 38 V. c. 62 (Imp.).

19. A person after coming of age accepts a bill for a debt contracted by him during infancy. He is liable to a holder in due course: Belfast Banking Co. v. Doherty, 4 Ir. L. R. Q. B. D. 124 (1879).

20. An infant trader cannot be adjudicated a bankrupt for debts contracted for trading purposes: ex parte Jones, 18 Ch. D. 109 (1881).

21. A lunatic while sane gave a note for a very large sum for a merely moral obligation. Held, that the payee was not

entitled to rank on the lunatic's estate for the amount of the § 22. note: in re Whitaker, 42 Ch. D. 119 (1889).

22. An infant cannot bind himself by the acceptance of a bill of exchange, even when it is given for necessaries supplied him. Such an acceptance is wholly void: in re Soltykoff, ex parte Margrett [1891] 1 Q. B. 418.

4. Corporations. Some corporations are given special authority to become parties to notes and bills by their charters, or by the general laws by which they are governed. In the case of others it is implied from the nature of their objects. "The rights which a corporation may exercise, besides those specially conferred by its title, or by the general laws applicable to its particular kind, are all those which are necessary to attain the object of its creation; thus it may acquire, alienate, and possess property, sue and be sued, contract, incur obligations, and bind others in its favor": C. C. Art. 358. Formerly the right to become parties to bills and notes was almost restricted to commercial corporations; the modern tendency is to extend it to corporations generally.

charters.

As to companies incorporated by special Act of the Dominion Dominion Parliament or by Letters Patent from the Governor in Council, it is provided that, "Every contract, agreement, engagement or bargain made, and every bill of exchange drawn, accepted or indorsed, and every promissory note and cheque made, drawn or indorsed on behalf of the company by any agent, officer or servant of the company, in general accordance with his powers as such under the by-laws of the company, shall be binding upon the company; and in no case shall it be necessary to have the seal of the company affixed to any such contract, agreement, engagement, bargain, bill of exchange, promissory note or cheque, or to prove that the same was made, drawn, accepted or indorsed, as the case may be, in pur

$ 22. suance of any by-law or special vote or order, and the person so acting as agent, officer or servant of the company, shall not be thereby subjected individually to any liability whatsoever to any third person therefor: Provided, always, that nothing in this Act shall be construed to authorize the company to issue any note payable to the bearer thereof, or any promissory note intended to be circulated as money, or as the note of a bank, or to engage in the business of banking or insurance": R. S. C. c. 118, s. 35; c. 119, s. 76.

Word "limited."

Provincial charters.

It is further provided with reference to companies incorporated by Dominion Letters Patent that every director, manager or officer of the company, and every person on its behalf who signs or authorizes to be signed on behalf of the company, any bill of exchange, promissory note, indorsement or cheque wherein its name with the word "limited" after it does not appear in legible characters, shall incur a penalty of $200 and shall also be personally liable to the holder of any such bill of exchange, proinissory note or cheque for the amount thereof unless the same is duly paid by the company: R. S. C. c. 119, s. 79. In the case of companies incorporated by special Act and subject to the general Act, "The directors of the company shall be jointly and severally liable upon every written contract or undertaking of the company, on the face whereof the word 'limited,' or the words 'limited liability' are not distinctly written or printed after the name of the company, where it first occurs in such contract or undertaking ": R. S. C. c. 118, s. 39.

The provisions of the general Acts of most of the provinces regarding companies incorporated by special Act or Provincial Letters Patent regarding the making, accepting and endorsing of bills, notes and cheques are similar to those of R. S. C. c. 118, s. 35, and c. 119, s. 76, above

quoted: see R. S. O. c. 156, s. 33, and c. 157, s. 59; R. S. Q. § 22. Arts. 4689 and 4746; R. S. N. S. c. 79, s. 67; 48 Vict. c. 9, s. 62 (N. B.); C. S. Man. c. 9, s. 269; Rev. Ord. N.-W. T. c. 30, s. 80.

"limited.'

Companies incorporated by Letters Patent in Nova Word Scotia are required to add the word "limited" after the name on every bill, note or cheque, and every director or manager who signs, issues or authorizes any bill, note or cheque without this word is liable to a penalty of $200, and is also personally liable for the amount of the instrument unless it is paid by the company: R. S. N. S. c. 79, s. 78. A similar provision is in force in the Territories: Rev. Ord. N.-W. T., c. 30, s. 83.

In British Columbia, the English Companies Act, 1862, is in force: C. S. B. C. c. 21. s. 2. By section 47 of this Act it is declared that promissory notes and bills of exchange shall be deemed to be made accepted or indorsed on behalf of a company, if made, accepted or indorsed in the name, or by, or on behalf of the company by any person acting under its authority. If any director, manager or officer of a limited company, signs on behalf of the company any bill or note without adding the word "limited," he is personally liable to pay the same, unless it is duly paid by the company: section 42. See Penrose v. Martyr, E. B. & E. 499 (1858); Atkins v. Wardle, 58 L. J. Q. B. 377 (1889).

make bills.

It is to be remarked that this does not confer on every Right to company incorporated under this Act the power to execute bills or notes, but only indicates how the power may be exercised when it is conferred: re Peruvian Railroad Co. L. R. 2 Ch. 617 (1867).

In England, where the power is not expressly given, it has been laid down that it will be only implied when the corporation without it cannot carry on its business, or