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
rights 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
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
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
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
are "non-business" days, 438
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
INCIDENTAL DEMAND, defined, 25
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
211
without personal liability,
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, 217
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
validity of bill at time of, 318
pour aval, 319
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
INDORSER-Continued.
rights to holder, through minor or corporation as, 136
only those who sigh as, liable as such, 138
adding words indicating representative character, 159
prior, may re-issue bill negotiated back, 231
cannot enforce payment against intervening party, 231
discharged by non-presentment for acceptance, 244
entitled to notice of non-acceptance, 250
liable to holder on dishonor by non-acceptance. 251
when discharged by qualified acceptance, 253
must express dissent from qualified acceptance, 254
discharged by non-presentment for payment, 254
liable to holder on dishonor by non-payment, 269
notice of dishonor must be given to each, 270
notice by holder benefits prior indorsers, 275
notice by, benefits subsequent indorsers, 275
notice to representative of dead, 280
when not entitled to notice of dishonor, 295
discharged by non-protest of Quebec inland bill, 297
foreign bill, 299
acceptor admits capacity of payee to indorse, 314-5
drawer admits capacity of payee to indorse, 316
liability of, on bill, 317
estoppel of, 317
person signing not as drawer or acceptor liable as, 319
pour aval, 319
compelled to pay may recover damages, 324, 326
payment by, does not discharge bill, 349
rights of, who pays bill, 349
when discharged by cancellation, 359
alteration does not discharge subsequent, 361
on each part of set liable, 377
liability of, when laws conflict, 384
liable only if note presented for payment, 429
at proper place, 430
first indorser of note corresponds to drawer of bill, 432
INFANT, see Minor
INFORMAL BILL, ambiguous, may be treated as either bill or note, 34
if in blank or incomplete, how to be filled up, 114
illustrations of, 36, 43, 47, 48, 116
INITIALS, sufficiency of, as a signature, 40
of drawer required to uncross a cheque, 409
|