MISTAKE, insertion of wrong date in good faith by, 86 correcting a, not a material alteration, 365 MONEY, bill or note must be for sum certain in, 33, 413 illustrations of what is deemed, 42-5 acceptance must be for payment in, 102 MONTH, means a calender month, 94 maturity of a bill payable at a month or months, 94-5 MUNICIPAL CORPORATION, see Corporation MUNICIPAL DEBENTURES, 417, 455 NEED, CASE OF, see Referee in Case of Need NEGLIGENCE, bad faith is something more than, 188, 239, 433 rule in Gill v. Cubitt not now followed,435 bank paying crossed cheque without, 410-2 NEGOTIABLE, what bills are not, 69, 225 bill payable to particular person formerly not, 69, 73 when negotiable bill ceases to be so, 225 other negotiable instruments, 454 NEGOTIATION OF BILL, to holder in due course, after filling up, 117 in breach of faith, a defect of title, 190 definition of, 206 payable to bearer, by delivery, 207 to order, by indorsement, 208 of Quebec notarial note, 208 transfer without indorsement, 209 requisites of indorsement to operate as, 211 must be of whole bill, 213 all payees or indorsees must indorse, 214 presumed to be before bill overdue, 230 back to previous holder, 231 presentment within reasonable time after, 243 by drawee or indorsee who has paid, 349 in another country, rights of parties, 380 of note payable on demand, 426 NEW BRUNSWICK, law of England introduced into, 13 former law as to bills, 13-14 provincial legislation as to bills, 14, 414 office of notary in, 439 NEW BRUNSWICK-Continued. tariff of fees for protests in, 442 foreign protest formerly evidence in, 478 NON-ACCEPTANCE, naming referee in case of, 97 recourse against drawer and indorsers on, 251-2 not counted in delays under three days, 438 NON-JURIDICAL DAY, bill dated on, valid, 88 See Holiday NON-PAYMENT-See Dishonor-Notice of Dishonor NORTH-WEST TERRITORIES, former law as to bills in, 17 Married Women's Property Act in, 128 corporation must use the word "limited," 133 office of notary in, 439 fees for protests in, 442 "NOT NEGOTIABLE," cheque may be crossed, 407, 408 effect of special crossing, 407 NOTARIAL ACT OF HONOR, on payment supra protest, 372 NOTE in the Act means promissory note, 26 NOTICE of acceptance of bill, equivalent to delivery, 119 of forged indorsement given within a year, 146 of limited authority implied in procuration, 153 of party being accommodation party, when immaterial, 184 of dishonor prevents holder from being holder in due course, 186 NOTICE-Continued. of defect in title of party negotiating, has same effect, 186 to agent is notice to principal, 188 actual knowledge of usurious consideration necessary, 202 of "patent right" consideration, effect of, 203 of dishonor of bill not overdue, defect of title, 230 of partial acceptance prevents discharge of drawer and indorsers, 254 of death of customer to bank stops cheques, 404, 405 NOTICE OF DISHONOR-See also Presentment must be given to drawer and each indorser, 270 rules as to, 273 must be given by holder, or indorser who is liable, 273 in name of any party entitled, 274 may be verbal or written, 276 tendency not to regard informalities in, 276 in case drawer or indorser is known to be dead, 280 must be given to each drawer and indorser, 282 must be given on day of dishonor, or next business day, 282 principal has next business day to give, 283 each party receiving, has next business day to give, 283 sender not responsible for miscarriage by post, 289 dispensed with, 292 if impossible, 292 if waived, 293 as to drawer, 294 as to indorser, 295 to others than drawer and indorsers, 296 to acceptor for honor, 369 NOTICE OF PROTEST, 464-5-See Notice of Dishonor NOTING, of inland bill, 297 must be on day of dishonor, 300 NOTING-Continued. delay in, when excused, 305 protest may be filled up later, 438 forms of, 443, 460, 464, 465 NOVATION, defined, 333 NOVA SCOTIA, law of England introduced, 11 bills of companies, 132-3 seal on protest formerly necessary, 304 OFFICE, payee may be indicated by, 61 OFFICER OF CORPORATION, bill drawn on, 99 signature by, 154, 157, 159-164 ONTARIO, French law originally in force, 10 provincial legislation on bills, 10 assignment of chose in action, 70 Judicature Act, 24, 93, 484 qualified acceptance, 110, 427 Married Women's Property Act in, 128 bills of companies, 132-3 annexing bill to protest, 303-4 statute of limitations in, 342-3 written promises in, 342-3 notaries in, 439 tariff of fees for protests, 441 municipal debentures, 455-6 other corporation debentures, 457 statutes repealed by the Act, 479-83 consolidated rule 303, 484 ONUS PROBANDI-See Burden of Proof-Presumptions ORDER, when a bill is payable to, 73 bill payable to particular person is payable to, 74 transfer without indorsement, 209 debentures payable to, 455, 457 ORIGIN of bills and notes, xlv. OVERDUE, bill may be accepted although, 82, 106 person acquiring bill, not holder in due course, 186 when demand bill deemed to be, 229 indorsement presumed before bill, 230 taking bill subject to dishonor, although not, 230 OWNER, holder need not be, 28 restrictive indorsee not the, 222 when bank paying crossed cheque not liable to, 410 when bank collecting crossed cheque not liable to, 412 PARTS OF A SET-See Set PATENT RIGHT, bill or note for, must have words on face, 203 is subject to equities, 203 breach of law a misdemeanor, 204 "PAY CASH," words to reopen or uncross cheque, 409 PAYEE, defined, 45 may be same person as the drawer, 56 drawee, 56 of bill to order must be named or indicated, 60 when parol evidence admissible as to, 60 joint or alternative payees, 61 fictitious or non-existing, 63 when need not indorse, 74 provisions regarding, apply to indorsee, 220 note inchoate until delivery to, 421 PAYER may disregard conditional indorsement, 217 declares intention to notary, 373 PAROL EVIDENCE, 36-9, 60, 88, 121-3, 168, see Evidence PARTICULAR PERSON, bill payable to, payable to order, 73 M'L.B.E.A.-35 |