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CHAP. 25.-Rights of the holder of a bill or negotiable

note; and liabilities of the prior parties,

1. What bill or note may be so transferred as to give the holder

a right of action thereon,

2. What is necessary to constitute a valid endorsement. Cases

in which there was question as to the sufficiency of the deli-


3. As to the terms in which the endorsement is written; if en-

dorsement be in blank right to fill it up,

4. Where successive endorsements, which may be struck from the

bill by the holder; and of which he may avail himself,

5. What sort of interest in the bill plaintiff must have,

6. General rule as to nature of endorser's liability,

7. Endorser of a bill in the nature of a new drawer; but endor-

ser of a note not in the nature of a new maker,

8. Nature of liability on an accommodation note or bill,

9. How far endorser transfers his right, or makes himself liable

by delivery or endorsement made after instrument becomes

due. Whether there must be demand on maker and notice

of dishonour,

. 10. Where a negotiable instrument is taken up by the payee, and

afterwards assigned by him, who may sue on it,

11. Holder has a right of action against any of the prior parties.

Whether the measure of recovery will be the amount of the

bill or note, where the action is against an endorser who has

received from the plaintiff less than the amount, or is by an

endorser who has been subjected to costs,

12. How far endorsee's right of action is affected by part payment,

13. How right of action against an endorser or other surety may

be defeated by discharging, or giving time to, principal. Who

is or is not regarded as principal; who as surety,

14. Effect of want of consideration as between the immediate par.

ties Rule generally as to the holder. Under what circum.

stances he may be affected,

15. How it is ascertained whether the holder has or has not paid a

consideration for the paper. Under what circumstances the

onus is on him to prove the fact,

16. Condition of holder who is shewn not to be a bona fide endor-

see for value,

17. Right of one who is a bona fide endorsee for value,

18. Whether if negotiable paper be received by a person to pay or

secure a pre existing debt, he may nevertheless be regarded

as a holder for value,

19. How far a bona fide endorsee for value may be affected by the

endorsement to him being made after the paper became due,

20. Whether endorsement be before or after paper is due, an as-

signee of only part of what is due on it, can maintain no ac.

tion on it,

1. In North Carolina assignment of a bond makes assignor as

much liable as if he had endorsed, and indeed as if he had

made, a negotiable note,

2. Decisions in South Carolina,

3. Statute of Maryland gives assignee right of action against as-


4. How right of action against assignor has been established in

Virginia and Kentucky,

5. Right of action rests on the ground of there being a valuable

consideration for the assignment,

6. How far consideration paid for the assignment is the measure

of recovery against assignor,

7. How contract of assignment may be modified. If the assign-

ment be of a bond or note, on which nothing is due, how far

assignor is liable,

8. If the obligor or maker fail to pay, under what circumstances

assignee's want of diligence, or failure to sue, will not affect

right of action against assignor,

Generally, assignee must sue obligor or maker in a reasonable


10. Suit against obligor or maker inust be in the proper place,

11. Suit brought against obligor or maker must be diligently pro-


12. After judgment there must be due diligence in issuing execu-

tion to the proper county,

13. If execution be levied on property, due diligence must be used

to obtain the value of that property,

14. If there be a return of nulla bona, that generally authorizes

assignee to sue assignor,

15. Effect of taking the debtor under a ca. sa.,

16. An assignee who has a lien on the debtor's property, by deed

or otherwise, should pursue it before he proceeds against

the assignor,

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8. Whether past cohabitation is a sufficient consideration for a

promise. Action may be maintained on promise to pay


support of child, if not for board of mother,

9. If consideration be legal, court may decline enquiring into its

adequacy. Meaning of the rule that there must be adequate

consideration for agreement in restraint of trade,

10. Under what circumstances a game or wager was or was not

valid at common law. Changes made by statute. Rule in

cases of insurance as to assured having an insurable interest.

How far a life insurance is deemed a wager policy,

11. Thing to be done must be legal. Court will not enforce con-

tract forbidden by the common or statute law,

12. Cases in which it was considered the statute did not mean to

prohibit the contract,

13. Distinction taken in Faikney v. Reynous, 4 Burr. 2069, and

Petrie v. Hannah, 3 T. R. 418, between mala in se and mala

prohibita is now exploded. The repayment of money lent

to accomplish an illegal object cannot be enforced,

Chap. 31.- What is generally necessary to fix liability

on a promise, express or implied. How con-

tract may be made by an agent or through

the post,

1. Defendant must have contracted expressly or impliedly,

2. If contract is not by defendant personally, it must be by a

person authorized to bind him. General rule as to agent's


3. General rule as to agency applied in the particular instance of


4. Rule as to agency when a man's wife has contracted ; or he

has allowed supplies to any other female,

5. Rule as to agency in the case of a private company or of a

club or comunittee,

6. Distinction between a binding engagement and an unaccepted

proposal. How contract may be completed by the post.

From what time bargain is closed by acceptance of offer,

Chap. 32.—Action for breach of a promise to marry ;

or for things furnished to a wife and child,

1. For breach of promise to marry,

2. Marriage gives wife a right to be supplied with necessaries,

notwithstanding husband become insane,

3. How far husband is liable on his wife's contracts, when they

are living together,

4. How far husband is liable for supplies to wife during his tem-

porary absence,

5. Husband not liable for supplies to wife living apart from him

without his consent,

6. When wife is living apart from husband, with his consent, how

his liability for supplies is affected by her having a provision,

7. Liability of husband for supplies to wife whom he turns out of

doors without provision,

8. Wife's adultery exempts husband from liability,

9. Whether at common law there was a liability for support of

one's child, parents or grand-parents. Of the statute of 43

Eliz. c. 2, § 7, and statute of Virginia,

10. Right of action against father for support of child rests on his


11. Clearly no implied contract by father to pay for goods furnish-

ed or services rendered to child who has attained twenty-one,

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