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Sweeting v. Fowler, 96.
Syderbottom v. Smith, 448.

Talleyrand v. Boulanger, 180.
Tamplin v. Diggins, 761.
Tapley v. Mehrtens, 196.
Tassel v. Lee, 407.
Tassel v. Lewis, 426.
Tate v. Hilbert, 361, 401.
Tatlock v. Harris, 98.
Taylor v. Croker, 229-30-42-87.
Taylor v. Dobbins, 49.
Taylor v. Hague, 43.
Taylor v. Jones, 566-9.
Taylor v. Kinloch, 74.
Taylor v. Mather, 328.
Taylor v. Plumer, 788-93.
Taylor v. Wasteneys, 192.
Tempest v. Ord, 196.
Temple v. Wallace, 411.
Tercese v. Geray, 353.

Thackray v. Blackett, 345, 472, 549-

55-6.

Thomas v. Bishop, 255.

Thomason v. Frere, 273.
Thomson er parte, 168, 814.
Thomson v. Giles, 800.
Thomson v. Havelack, 262.
Thornton v. Dick and others, 372.
Thoroughgood v. Clarke, 329.
Thrup v. Fielder, 229.

Tidmarsh v. Grover, 207-8.

Tindal v. Brown, 442-63, 504-19-29-

31-33, 550-1-81.

Tinson v. Francis, 329-31.

Todd ex parte, 817.

Tooke v. Hollingworth, 788-97-8.

Tootel ex parte, 12.
Toulmin v. Price, 46.
Towgood ex parte, 803.
Treacher v. Hinton, 536.
Trapp v. Spearman, 208.
Trecothick v. Edwin, 449.
Treuttell v. Barandon, 288.
Trimmer v. Oddie, 370-2.
Trueman v. Fenton, 131.

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Wackerbath er parte, 488, 500.
Wade v. Beasley, 46.

Wagstaff ex parte, 838.
Wallace er parte, 819.

Wallace v. Hardacre, 134, 748.

Walker ex parte, 821-3.

Walker v. Atwood, 380, 410.
Walker v. Baines, 411.
Walker v. Barnes, 573, 631.
Walker v. Parkins, 133.

Walpole v. Pultney, 390.
Walsh v. Tyler, 310.

Walton v. Hastings, 206-11-12-14.
Walton v. Shelley, 666.

Walwyn v. St Quintin, 426, 548-51-2-

3-60-74-84-602-17.

Ward v. Evans, 195, 248, 464.
Waring ex parte, 203, 801.

Warrington v. Furbor, 459-72, 543.
Warwick v. Noakes, 345.

Waters v. Taylor, 274.
Waymell v. Read, 142.
Weansley ex parte, 821.
Weare v. Taylor, 99.
Webb v. Brooke, 151.
Webber v. Maddocks, 209.

Wegerstoffe v. Keene, 379, 412.

Weinholt v. Spitta, 128.
Welford v. Hankin, 410.
Wellis v. Girling, 145-7-69.
Whally v. Norton, 134.
Whatley v. Tricker, 389.
Wheelwright v. Jackson, 147.
White v. Cuyler, 253.
White v. Ledwich, 102.
Whitaker v. Morris, 565.
Whitlock v. Underwood, 40.
Whitewell v. Bennet, 39.
Whitfield v. Lord de Spencer, 344.
Whitfield v. Savage, 472, 530.
Whittingham v. Burgoyne, 139.
Wiffen v. Roberts, 127, 460, 599.
Wild v. Rennard, 14, 454.
Wightman v. Townroe, 269.
Wildman er parte, 817.
Wilks v. Back, 253.
Wilks v. Jacks, 550-60-6.
Wilkins v. Casey, 755.
Wilkinson v. Johnson, 860.
Wilkinson v. Lutwydge, 363-76-86.
Williams v. Keates, 278-80.

Williams v. Smith, 465-6-7, 522-3.
Williams v. Thomas, 269.
Williamson v. Johnson, 272.

Williamson v. Watts, 227-8.

Willis v. Freeman, 748.

Willis v. Masterman, 267.

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Winch qui tam v. Fenn, 169-72.
Windham v. Trull, 617.
Windham v. Withers, 617.
Windle v. Andrews, 474.
Winstanley v. Bowden, 161.
Wise v. Brown, 8.

Withall v. Masterman, 586.
Witham v. Lee, 132.
Wood v. Brown, 566.
Woodbridge v. Spooner, 13.
Wookey v. Poole, 282-7.
Woolsey v. D. Crawford, 644.
Workman v. Lake, 186.
Wren v. Kirkton, 262, 417.
Wright v. Read, 219.

Wright v. Riley, 44.
Wright v. Shawcross, 522-4.
Wright v. Smith, 349.
Wright v. Wheeler, 160.
Wrightson v. Pullan, 278.
Wyatt v. Bulmer, 151-60-1.
Wyatt v. Hertford, 196.
Wynne v. Raikes, 49, 359-63.

Yates v. Frecklington, 401.

Yates v. Grove, 12.

Yarborough v. Bank of England, 293.

Willieson v. Pattieson and others, 139, Young v. Hockley, 396, 416.

141.

Wilson ex parte, 472, 576-7.

Young v. Wright, 163.

York and another v. Blott, 662.

Note.

Since the note to the Preface, page viii., was printed, I have been en-
abled to verify the references therein mentioned to Messrs Dowling and Ry-
land's Cases at Nisi Prius. But one of the cases, p. 12, note 1, line 10, should
be Ralli v. Sarell, instead of Rolle v. Snelle.

d

TREATISE

ON

BILLS OF EXCHANGE, PROMISSORY

NOTES, &c.

CHAP. I.

OF THE REQUISITES AND QUALITIES OF bills of EXCHANGE, PROMISSORY NOTES, BANK NOTES, BANKERS' NOTES, AND CHECKS ON BANKERS.

A BILL OF EXCHANGE is a written request, addressed by a

person who is called the drawer, to another person called the drawee, desiring him to pay a certain sum of money, either to the drawer himself, or to a third party, called the payee, within a certain time after its date, or after it is presented for payment, or on demand. If the drawee signs the bill in token of his agreeing to this request, he is called the acceptor.

A promissory-note is a written promise, signed by the granter, whereby he engages to pay a certain sum of money to another person, called the payee, within a specified time after its date, or on demand.

A

The payee of a bill or note may transfer his right in it to a third party, by writing his name on the back of it, either simply, or with an order prefixed to pay its amount to a certain individual. He is then called the indorser; and the person to whom the right is transferred by the indorsation is called the indorsee or holder. This indorsee may transfer his right by the same means to a third party, and each successive indorsee may do the same.

When a promissory-note is first indorsed, it then resembles a bill of exchange; the payee who has indorsed it being in the situation of drawer, the granter in that of acceptor, and the indorsee in the place of payee of the bill'.

A bill is either foreign or inland. The former is a bill drawn or payable abroad. Such bills are generally made payable to a different party from the drawer; but there is nothing to prevent him from being likewise the payee. An inland bill is drawn upon a person living in the same country with the drawer, either in favour of a third party, or of the drawer himself.

In Scotland, payment of bills may be enforced summarily, without any intervening action. This right of summary execution was first introduced by the act 1681, c. 20., which enacts, 1st, That, on the observance of certain requisites, to be afterwards stated more particularly, there shall be summary diligence upon foreign bills, at the instance of the payee or his order, and that either against the drawer or indorser in case of non-acceptance, or against the acceptor in case of non-payment, for the whole sums contained in the bill; and, 2dly, That in case of the forms therein prescribed as essential to summary diligence not being observed, no remedy shall be competent on the bill except an ordinary action. The act contains various other provisions, which shall be afterwards explained in detail 3.

1 Per Lord Mansfield, Burrows' Rep. 609.

Bayley, p. 22, 4th edit.

3 Vide Chap. VII. on Action and Diligence.

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