damages are estimated upon such amount without regard to the rate of exchange. 1 R. S., 771, § 20. S1819. If the amount of a protested bill of ex- Id. 1 R. S., 771, § 21, modified in form, so as to make it CHAPTER III. PROMISSORY NOTES. SECTION 1820. Promissory note, what. 1821. Certain instruments, promissory notes. 1822. Bill of exchange, when converted into a note. 1823. Certain sections applicable to notes. 1824. Effect of delay in presentment. note, what. S1820. A promissory note is an instrument, nego- Promissory tiable in form, whereby the signer promises to pay a specified sum of money. struments, S1821. An instrument in the form of a bill of Certain inexchange, but drawn upon and accepted by the promissory drawer himself, is to be deemed a promissory note. Fairchild v. Ogdensburgh &c. R. R., 15 N. Y., 337; Mil ler v. Thomson, 3 M. & G., 576. S1822. A bill of exchange, if accepted, with the consent of the owner, by a person other than the drawee, or an acceptor for honor, becomes in effect the promissory note of such person, and all prior parties thereto are exonerated. See Peto v. Reynolds, 9 Exch., 410. notes. Bill of exchange, when con verted into a note. S1823. Chapter I of this Title, and sections 1781 Certain and 1802 of this Code, apply to promissory notes. sections applicable to notes. Effect of delay in presentment. S1824. If a promissory note, payable on demand, or at sight, without interest, is not duly presented for payment, within six months from its date, the indorsers thereof are exonerated, unless such presentment is excused. Sice v. Cunningham, 1 Cow., 397. But whether this rule ought to be maintained, may be doubted (see Brooks v. Mitchell, 9 M. & W., 15; Merritt v. Todd, 23 N. Y., 28). CHAPTER IV. CHEQUES. Cheque, what. Rules applicable SECTION 1825. Cheque, what. 1826. Rules applicable to cheques. S1825. A cheque is a bill of exchange drawn upon a bank or banker, or a person described as such upon the face thereof, and payable on demand, without interest. S1826. A cheque is subject to all the provisions of to cheques, this Code concerning bills of exchange,' except that: 1. The drawer and indorsers are exonerated by delay in presentment, only to the extent of the injury which they suffer thereby ;3 and are exonerated to that extent by a delay of more than one day in presentment ;* 2. An indorsee, after its apparent maturity, but without actual notice of its dishonor, acquires a title equal to that of an indorsee before such period. A cheque is an inland bill of exchange (Chapman ". It is not essential (as was unnecessarily said in Harker v. Anderson, 21 Wend., 372; Woodruff v. Merchants' Bank, 25 Wend., 673) that it should be payable to bearer (Eyre v. Waller, 5 H. & N., 463). 'By Laws 1857, ch. 416, no grace is allowed on cheques 'Robinson v. Hawksworth, 9 Q. B., 52; Harbeck v. Rothschild v. Corney, 9 B. & C., 388. See Anderson CHAPTER V. BONDS, BANK NOTES AND CERTIFICATES OF DEPOSIT. SECTION 1827. Bank note negotiable after payment. 1828. Title acquired by indorsee. S 1827. A bank note remains negotiable, even Bank note after it has been paid by the maker. S1828. A transferee of a bond, bank note or certificate of deposit, after its apparent maturity or actual dishonor within his knowledge, acquires a title equal to that of a transferee before such event. negotiable after payment. Title acquired by indorsee, TITLE XVI. GENERAL PROVISIONS. SECTION 1829. Parties may waive provisions of Code. $ 1829. Except where it is otherwise declared, the provisions of the foregoing fifteen Titles of this Part, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the INTERPRETATION OF CONTRACTS; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy. 71 DIVISION FOURTH. GENERAL PROVISIONS APPLICABLE TO PERSONS, PROPERTY, AND OBLIGATIONS, OR TO TWO OF THOSE SUBJECTS. PART I. Relief. II. Special Relations of Debtor and III. Nuisance. IV. Maxims of Jurisprudence. V. Definitions and General Provisions. PART I. RELIEF. TITLE I. Relief in general. III. Specific relief. IV. Preventive relief. TITLE I. RELIEF IN GENERAL. SECTION 1830. Species of relief. 1831. Relief in case of forfeiture. |