Gaming, and Consideration; prevents the proof of bills,
322.
INDEMNITY, in case of lost bill, 356.
INDIA, expenses allowed on return of Indian bills, 313.
INDICTMENT, in case of forgery, 378.
INDORSEE for value, may sue partnership on bill accepted
by one partner after act of bankruptcy committed by him,
49; may sue on bill made by more than six in partner-
ship, 50; may recover on bill accepted by one partner
in fraud of the others, 61. 66. 68; may recover on ac-
commodation bill, though he had notice of the accom-
modation, 111; whether he can, where he takes the bill
after due from one who did not hold for value, 112, and
Note 19; may sue on an illegal bill void by statute, if it does
not give effect to the illegal transaction, 115; where the
note is not declared to be void by statute, he may sue any
of the parties, if he had no notice of the illegality, 116;
aliter if he had notice, 116; may recover on usurious
bill, 122; may sue his indorser, though bill not negotia-
ble, 126; may sue on bill dishonored for non-acceptance,
131, 195; evidence in action by indorsee v. acceptor, 282
to 286; in action by indorsee v. indorser, 292; by indor-
see v. indorser of note, 294.
INDORSER of a bill in the situation of a new drawer, 2;
indorser of a note resembles the drawer of a bill, 3; of
accommodation note discharged by time given to maker,74;
liability of, 94; may be sued immediately on dishonor, 95;
whether bill negotiable or not, is liable to his immediate
indorsee, 95; how discharged by indulgence, 102; not
by indulgence to subsequent party, 102; waiver of
notice to by part payment or promise to pay, 216, 217.
221; entitled to notice, though drawer has no effects
in the hands of drawee, 228, 229; may recover money
paid under mistake of fact, 247; taking up bill and suing
ought to produce protest and receipt, 250; evidence of
identity of, 277; admission of, when evidence, 287; com-
petency of, 301.
INDORSEMENT, in general, is a new drawing, 2. 95; im-
plies a consideration, 104; by one partner in fraud of the
others, 61. 63; usurious indorsement, 121, 122; state-
ment of in declaration, 268; where it is admitted, 282.
286; mode of proof of, 285.
What bills may be indorsed, 125.
By whom-in general, 126; by person of same name as payee,
126; by trustee, 126; by several persons not partners, 126;
after suit the holder cannot transfer with notice, 126.
By whom— banker, pledgee, or agent, 126; may in general
INDORSEMENT-continued.
transfer bill deposited with him to third person without
notice, 126, 127; or pledge bill, 127.
By whom-bankrupts, 127; cannot transfer bill after act of
bankruptcy, 127; unless the bill does not pass to his
assignees, 127, 128; transfer, good under 6 G. 4. c. 16.
s. 82., 128.
By whom -bankrupt, fraudulent preference, what amounts
to, 129.
By whom-executors and administrators, 129.
By whom-infants, 130.
By whom-married women, 130.
By whom-partners, 130.
By whom-by a person who has no title himself, 130.
At what time before the completion or date of the bill, 131;
person indorsing a bill before it is filled up is liable, 131;
and one of several partners so drawing and indorsing a
bill and dying, the firm are liable, 131; post-dated bill
may be indorsed before the day of the date, 131; aliter of
bills under 5., 131.
At what time-before due, but after refusal of accept-
ance, 131; indorsee may sue on such bill provided he had
no notice of the dishonor, 131.
At what time before due, but after payment, 132; indorsee
may sue if he had no notice of the payment, 132.
At what time-after due, 132; person taking such bill
stands in the place of his indorser, 133; whether an in-
dorser for value, taking it from one who did not hold for
value after due, can sue, 112, 133; a person who held the
bill before it was due, and takes it again after due, is re-
Imitted to his former right, 134; entries in the books of
the indorser, made at the time of the indorsement to the
plaintiff, evidence for the defendant, 134; at what time a
bill or note payable on demand is overdue, 134, 135.
At what time-after due and after payment, 135; bill pay.
able to third person, taken up and paid by drawer, cannot
be reissued, 135; aliter if payable to drawer himself, 135.
In what manner, 135; by indorsement or delivery, 135;
no particular words necessary, 135; promise to indorse not
sufficient, 135; on the face of the bill sufficient, 135; in
pencil sufficient, 136; private mark not sufficient, 136;
testamentary indorsement, what amounts to, 136; indorse-
ment of bills under 5l., 136; delivery necessary, 136;
delivery entitles party to indorsement, 136; each part of
a bill drawn in sets should be delivered, 136.
In what manner—the words" or order," 136; necessity and
effect of these words, 136.
In what manner-blank indorsement, 137; makes the bill
transferable by delivery, 137; indorsee may state himself
INDORSEMENT-continued.
to be the immediate indorsee of any one who nas indorsed
in blank, 137.
In what manner—indorsement in full, 137; stops the nego-
tiability, 137, 138.
In what manner—restrictive indorsements, 138; effect of re-
strictive indorsements, 138; person taking bill under parol
agreement not to sue the indorser, cannot sue him, 138.
In what manner-of part of the money, 139; not good
unless the rest has been paid, 139.
Cancelling an indorsement by mistake will not hurt, 139.
INDULGENCE, when drawer is discharged by, 74; or maker
of note, 74; what amounts to, 75; not a mere nudum
pactum, 76; taking substituted bill or collateral secu-
rity, 77, 78; taking the separate notes of one of several
drawers, 79; proving under acceptor's commission no dis-
charge, 79; aliter compounding with him, 80; indulg-
ence to accommodation acceptor, no discharge of drawer,
81; indulgence no discharge, if assented to by party, or if
with knowledge he promises to pay, 82; indulgence to
principal discharges surety who has signed joint and
several note, 88; whether indulgence to drawer of accom-
modation bill discharges acceptor, 89, and Note 16;
where indorser is discharged by indulgence, 102.
INFANT, his contract voidable only, 56; cannot be sued as
drawer of bill, 56; when drawer and payee of a bill, indorsee
may sue acceptor, 56; liable upon acceptance after full age,
of bill drawn before, 56; or upon promise after full age,
to pay debts contracted before, 56; may be payee or in-
dorsee, 57; cannot, it seems, bind himself by bill for ne-
cessaries, 57; or by stating an account, 57; payment
to, 239; may sue on bill, 257.
INLAND BILLS; see Bills of Exchange; definition of, 3;
acceptance of must be in writing on the bill, 173; protest
of, 214; see Protest.
INQUIRY, writ of, when necessary, 273.
INSOLVENCY, no excuse for not giving notice of dis-
honor, 229. 231.
INSOLVENT ACT, discharge of party under, does not dis-
charge other parties to bill, 76.
INSOLVENT NÕTES, 11.
INSPECTION of bills and notes, 272.
INSTALMENTS, notes payable by, debt will not lie on, till
all the instalments are due, 253.
INTEREST, makes no difference in the stamp, 30; drawer
liable for, from what time, 73; acceptor liable for, 83;
when due, 309; for what period payable, 310; is in the
nature of damages, and cannot be added to bill to make
up petitioning creditor's debt, 319; proof of in bank-
ruptcy, 341.
1. O. U. not a promissory note, 18.
IRISH bill does not require an English stamp, 29.
IRISH certificate, no bar to debt contracted here, 92.
IRISH currency, 264.
ISSUING of bill or note, what amounts to, 37.
JEW not compelled to give notice of dishonor on day of re-
ligious festival, 211.
JOINT or several, when a note is, 18. 71; how declared
on, 265.
JUDGMENT, giving time to acceptor after judgment, no dis-
charge of drawer, 77; judgment and levying under fi.fa.
against one of the makers of a joint and several note, no
discharge to others, 82; by default, 273.
LACHES. See Notice of dishonor, Indulgence, Presentment.
LEAP YEAR, computation in case of, 153.
LIABILITY of parties to bills of drawer, 73; see Drawer; of
acceptor, 83; see Acceptor; of drawee or other person, in
consequence of promise to pay, 92; see Drawee; of in-
dorser, 94; see Indorser; of party transferring bill with-
out indorsement, 95; how discharged, 100.
LIMITATIONS, statute of, 297 to 299.
LORDS' ACT, notes given under, 11; discharge under does
not operate as a discharge of other parties, 76.
LOST AND STOLEN BILLS AND NOTES; in what
cases the loser may recover on the bill, 353; where the
bill is generally indorsed he cannot, 353; whether he can
recover on half bank notes, 354; where bill is specially
indorsed, loser may sue, 355, 356; whether where the bill
is lost after due, 355, 356.
In what case drawer may be compelled to give another bill in
case of loss, stat. 9 & 10 W. 3., 356; remedy is in equity,
356; proof on lost bill in equity, 356.
What circumstances are proof of bona fides; statement of cases
in which the circumstances have been held to show bona
fides, 357 to 360; statement of the cases in which the
circumstances have not been held sufficient to shew bona
fides, 360 to 368.
Between what parties it is a good defence that the bill has been
lost or stolen, 368.
Conduct to be pursued in case of loss or robbery of bills, 368.
Remedy against the postmaster or his servants for lost or stolen
bills, 369.
Who shall bear the loss in case of bills, &c. sent by post, and
lost, 369.
LUNATIC cannot be sued on bill or note, 57.
MAKER of Note, resembles acceptor of bill, 3; his name
MAKER of note-continued.
need not be subscribed, sufficient if it appear in any
part of note, 22; not discharged by release of payee, 77;
though an accommodation note, 77. 90; if surety,
discharged by composition with principal, 88; giving
time to, discharges indorser, 74; notice of dishonor to,
unnecessary, 200; insolvency of, no excuse for not
giving notice of dishonor to the indorser, 231; compe-
tency of, 304.
MARGIN, note payable at a particular place in, 150.
MARRIED WOMAN, her contracts void, 58; her indorse-
ment transfers nothing, 58; unless consent of husband be
presumed, 58; or unless she can be considered as a feme
sole, 58; note indorsed to, vests in husband, 58; so if
indorsed to her dum sola, 58; remedy in equity on note
given by, 58; payment of bill given to, 239; when she
may be held to bail, 261.
MEMORANDUM, as to place of payment at foot of note, 26.
150; at the foot of bill, 184; when admissible to control
operation of bill, 278.
MISNOMER of parties to suit, 265.
MISTAKE, in name of payee, 23; in date of bill, 25. 40 ;
in omission of words "or order," 27; correction of does
not avoid bill, 39; money paid under mistake of fact re-
coverable, 247.
MONEY; see Cash; bill or note must be for payment of, 12.
MONEY HAD AND RECEIVED, against a drawee or other
person who has promised to pay a bill on receiving funds,
92.94; to recover money paid under mistake of fact, 248;
when bill or note may be given in evidence under this
count, 254.
MONEY LENT, count for, may be maintained where money
has been lent and bill given, which is avoided by altera-
tion, and bill is evidence to shew the terms, 34; partner-
ship liable for, where one of several partners has given
bill in his own name, 60; when bill or note may be
given in evidence under this count, 253.
MONEY PAID, action for, by party who pays supra protest,
251; when bill or note may be given in evidence under
this count, 252.
MORAL OBLIGATION sufficient consideration, 108.
MUTUAL CREDIT in bankruptcy, 343.
NEGLIGENCE in paying forged bills, 242; in taking lost or
stolen bills; see Lost and Stolen Bills; in not giving notice
of loss, 365, 366.368; in postmaster or his servants, 369.
NEGOTIABILITY of bills and notes, 23. 125. 136; see
Indorsement and Transfer; bill negotiable till paid by ac-
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