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Full text of "Promissory notes and bills of exchange : what a business man should know regarding them"

PROMISSORY NOTES, 



•RAFTS. AND CHEQUES 




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l^^l^^yi Cy^i^^"^^^ 



^TPromissory iMotes, 

ftND BILLS OF eXCHftNGe. 



WHAT A BUSINESS MAN SHOULD KNOW 
REGARDING THEM. 

—BY— 

J. W. JOHNSON, F. O.A., 



Author of "Johnson's Joint Stock Company Book-Keeping," 

Joint Author of "The Canadian Accountant," Principal 

Ontario Business College, Belleville, and First 

Vice-President of the Institute of 

Chartered Accountants of 

Ontario. 



PUBLISHED BY ONTARIO BUSINESS COLLEGE. 

BELLEVILLE, Ont., Canada. 



REVISED AND ENLARGED. 



BELLEVILLE : 

Printed for Ontario Business College, 

iS93- 



PREFACE. 

In the Oniario Business College, Belleville, the Author has for the last seven- 
teen years been lecturing upon and teaching such subjects as this book treats of ; 
and as a Practical Accountant and Business Man has been for twenty-seven years 
in daily association with them. The book was primarily prepared for the Students 
of the College, and is one of a series covering the whole ground of Commercial 
Papers. The faithful study of its contents, even by those not having the advantages 
of the lectures and blackboard work in the class room, and the practical work in 
the College, will prove helpful in doing business. 

Before being printed in its present form, the matter contained in the first 
edition was published in the September and October numbers of the Educational 
yournal, Toronto, iSSS. 

The fifth edition has been prepared since the passing by the Dominion 
Parliament of an Act relating to Bills of Exchange, Cheques and Promissory 
Notes, cited as the " Bill of Exchange Act, 1S90,'' and the necessary changes 
and additions consequent upon the jjassing of the Act have been made in this 
edition. 

J. W. JOHNSON. 

Ontario Business College. ) 
Belleville, 1S93. ) 

S^EntereJ according to Act of the Farliament of Canada, in the year One Thousand 
Eight Hundred and Eighty-Eight, by J. IV. fohnson, at the Department 0/ Agri- 
culture.] 



Introductory. 



It is desirable that a business man should have some knowledge 
of the principles of law, particularly in its application to commerce, 
and more especially in relation to Bills and Notes. Ignorance of it 
can never be successfully urged in prosecuting or defending an 
action. 

COMMON LAW 

is the unwritten law that has come to us by tradition, custom, and 
the decisions of the courts, based on well-known general usage, and 
common-sense principles of justice. 

STATUTE LAW 

is the written law, or Acts of Parliament, made from time to time by 
the Legislatures, and its enactments wholly over-rule the common 
law. 

l"he History of Bills of Exchange and Promissory Notes shows 
how the usages of merchants, bankers, and traders became the com- 
mon law in regard to these instruments. When disputes arose in 
connection with them, the courts simply required that the general 
usage among merchants and bankers should be proved, and this 
being judicially ascertained, it received the sanction of legal decision, 
and consequently became incorporated into the common law. These 
legal decisions, again, as precedents became the basis of other de- 
cisions. This law-making power of merchants is known as the 

Law-merchant (Lex mercatoria) 

which the courts of justice are bound to know and recognize. The 
controlling effect of the Law-merchant is well illustrated in the 



transfer of Notes and Bills from one person to another. By the rule 
of the ancient common law, no property that was not actually in 
possession (or that could be reduced into possession) could be trans- 
ferred. Bills and Notes only express the legal right to possession of 
money in the future. But merchants had established the custom of 
transferring Bills of Exchange by delivering from hand to hand, or 
by writing a name on the Bill, which not only transferred the right 
of action, but created an unwritten conditional contract of guarantee to 
any one who might be the lawful holder. Not only did the Law- 
merchant thus overcome the general principles of the common law, 
but to some extent the Statute of Frauds (explained further on) was 
surmounted. 

Another illustration of the Law-merchant is seen in the exemption 
of Bills and Notes from the ordinary rules that apply to contracts and 
the law of evidence. 

Contracts. 

Promissory Notes and Bills of Exchange are the commonest forms 
of contracts. They enter more than any other into the daily com- 
mercial life of the people of any civilized country and into the trans- 
actions between the various nations of the world. 

When men enter into other forms of contracts — such as those 
represented by deeds, mortgages, bonds, etc. — they usually, and in- 
deed of necessity, resort to a trained solicitor for direction and guid- 
ance, but in giving and receiving notes and bills, the individuals con- 
cerned should be able, without recourse to a lawyer, or even to a 
banker, to deal intelligently and safely with them, under all ordinary 
circumstances. 

This work in its earlier editions has imparted practical knowledge 
of Bills and Notes to hundreds of students and business men, and to 
other classes of the community that have to deal with them; written, 
as it is, by a practical business man, and having as its basis practical 
experience and observation, and not mere theory or technicality. 



5 

"While it is desirable, as has been said before, that a reliable solici- 
tor should be a person's guide in making other contracts than Bills 
and Notes, yet there are certain fundamental principles relating to 
contracts in general that should be universally known. 

There are Two Kinds of Contracts. 

Contracts are divided into two classes, which are known as Simple 
contracts and Specialty contracts. Simple contracts may be made either 
by word of mouth or in writing. Specialty contracts must not only 
be in writing, but must likewise be under seal. 

A consideration, that is to say, an equivalent offered by the one 
party and accepted by the other, is essential in every contract not 
under seal. When sueing upon a simple contract the consideration 
must in general be proved, but this would not be necessary when en- 
forcing a specialty contract. 

The Statute of Frauds. 

There are some simple contracts which the law requires to be in 
writing. The Statute of Frauds^ pissed in the reign of Charles II. 
(1676) which is still in force in Canada (as all English common law, 
and all applicable statute law, prior to 1791, is. unless it has been set 
aside by Canadian legislation), requires that a verbal promise shall 
not be sufficient in certain cases, but that the agreement or 
some memorandum of it shall be in writing, and be signed by the 
party to be charged therewith, or by some one authorized to sign for 
him. The principal cases are: 

I. Where a man promises to pay the debt of another person, or 
answer for his default. For example, a man steps into your store 
and says, " I will be responsible for goods you may sell John Smith to 
the amount of $50.00." If, in your ignorance of the law, you did 
not cause the guarantor to put the agreement in writing, even though 
you could bring a dozen people to swear to the verbal statement, you 
would have no legal hold upon him, nothing beyond the moral 
claim, and that might not be of any value. 



2. To enforce the sale or purchase of goods to the value of over 
$40.00, the contract must be in writing, unless there has been a part 
of the purchase money paid upon it, (otten called earnest money'i be 
it ever so small, or a partial delivery and acceptance of the goods, 
even the smallest portion of them. 

3. Where an executor or administrator promises to be liable out of 
his own estate. 

4. When an agreement is made which is not to be performed within 
a year. For instance, if you engaged with a man to serve him as a 
book-keeper for two years, the agreement would not be binding, un- 
less it was made in writing. 

All contracts affecting land or any interest in land, such as a con- 
tract to purchase, must be in writing ; but instruments that are in- 
tended to pass an estate in land, such as deeds and mortgages, must 
be not only in writing, but under seal. A lease for any term not 
more than three years may be made verbally, but for a term beyond 
three years it must be in writing and under seal. 

What Constitutes a Seal. 

A seal in this case means any adhesive thmg, or distinctive mark, 
that you may adopt as your seal, and attach to the instrument. 

Who are Competent to Make a Contract. 

Any person of either sex who is twenty-one years old, and of sound 
mind, is competent to make a contract. A person who is under the 
age of twenty-one years is, in the eyes of the law, an infant, and in- 
capable of making a contract. Many persons are under the impres- 
sion that a woman is of age at eighteen. This is a mistake. 

A mmor (a person under age) could not engage in business on his 
or her own account, but it would be competent for a minor to con- 
tract for necessaries suitable for his or her station in life. 

A contract with a corporation (say a joint stock company or muni- 
cipality) must be within the scope of its charter, and to be binding 
must have the corporation seal attached.* This would not be re- 



quired in connection with promissory notes and bills of exchange, 
.issued or drawn, indorsed or accepted in the ordinary course of its 
business. 

An agent may contract for his principal within the scope of his 
authority, which is usually conferred by an instrument under seal, 
called a Power of Attorney. 

A valid and binding contract may be made by correspondence or 
telegram. All that is required is an offer and an unconditional ac- 
ceptance of it. Letters sent by you that are intended to constitute a 
contract, should be copied into your copying press book, and those 
you receive in such connetion should be carefully filed for reference. 

When Contracts are Outlawed. 

Simple contracts for debts not referring to land are outlawed after six 
years from the date of maturity, or from the date of the last payment 
on account, or from the last written acknowledgment; contracts affect- 
ing land ten years, and personal covenants under seal, twenty years. 
For instance, (i) a note made April 5th 1893, at three months, would 
be outlawed after July 8th, 1899, if, in the meantime, no payment had 
been made upon it, or no written acknowledgment had been given in 
reference to it. (2) The land secured by a mortgage upon which no 
payment had been made for 10 years, or regarding which no written 
acknowledgment had been given within that time, would be released 
at the expiration of that period. (3) The personal covenants for 
payment on the same mortgage would not be outlawed for twenty 
years, 

Canadian Legislation, 

In the year 1890 the Parliament of Canada enacted a Statute 
known as the "Bills of Exchange Act, i8go," by which previous legis- 
lation and decisions respecting Promissory Notes, Bills of Exchange 
and Cheques have been codified. 



PROMISSORY NOTES AND BILLS 
OF EXCHANGE. 

Promissory Notes. 

A person has become indebted to you either for goods sold or 
work done, and you have duly placed the amount to his debit in your 
ledger; but you find that it will be much more advantageous to you 
to have this resource or asset of your business in another form, so 
you obtain from your debtor his promissory note, or get him to accept 
your draft. Should you desire that the amount owing to you be paid 
to some one to whom you are indebted, then 5fou will draw the draft 
payable to his order. Your object in obtaining the written obliga- 
tion is three-fold: — 

1st. It is in itself an evidence of the debt, requiring no confirma- 
tion (unless the signature be challenged) nor proof of the considera- 
tion given for it, nor the production of the original entry. 

2nd. It fixes a definite time, and usually a stated place, for the pay- 
ment, so that the holder, when it falls due, will not have the trouble 
of hunting up the maker, nor the maker of finding the holder. The 
former havmg provided the funds at the place where he promised to 
pay it, the holder has simjjly to present it there and obtain the 
amount, a matter of much convenience to both parties. 

3rd. It is an instrument upon which, after indorsing it, you may 
borrow money from a bank or private lender This is called dis- 
counting. In other words, by the medium of the bill or note as 
security, you obtain the use of other people's capital, paying for the 
loan a discount from the face of the instrument, which is the simple 
interest, in advance, upon the whole amount for the time it has to 
run. 



9 
Definition of a Promissory Note. 

A promissory note is an unconditional promise in writing made by 
one person to another, signed by the tnaker, engaging to pay on demand 
or at a fixed or determinable future ti}ne, a sum certain in money ^ to, or 
to the order of, a specified person, or to bearer. 

A determinable future time means in connection with a note or 
draft: — 

(a) At sif^ht, or at a fixed period after date or sight. 

(b) On or at a fixed period after the occurrence of a specified event 
which is certain to happen, though the time of happening may be 
uncertain. 

An instrument expressed to be payable on a contingency is not 
a bill or note, and the happening of the event does not cure the 
defect. 

If a note or draft is issued undated, any holder may insert therem 
the date of issue or acceptance. 

A promissory note is inchoate and incomplete until delivery there- 
of to the payee or bearer. 

Parties to a Note. 

The person who gives a note is called the drawer, promissor, or 
maker ; the person in whose favor it is drawn is called the payee ; 
if he signs his name upon the back for the purpose of transferring or 
guaranteeing it, he becomes the indorser, and if he names the person 
to whom he transfers it the latter is called the indorsee; either of 
these, or anyone in possession of a note, may be called the holder. 

Forms of Notes. 

Notes may be made (r) non-negotiable, (2) negotiable by indorse- 
ment (3) negotiable without indorsement. The first is made payable 
to the individual only, and can only be transferred by assignment, 
which carries with it all offsets and legal defences that may exist be- 
tween the original parties; the second is payable to order, and is 



10 

transferred by the indorsement of the holder completed by delivery, 
which makes the indorser liable for payment in the event of the 
maker failing to pay; the third is payable to bearer, and is transferred 
by delivery, just as a bank note is passed from hand to hand. Where, 
in a note payable to order, the payee or indorsee is wrongly desig- 
nated, or his name is mis-spelt, he may indorse the bill as therein 
described, adding, if he thinks fit, his proper signature. A note may 
be transferred either before or after it is due. When taken before 
maturity the assignee is not affected \>y any circumstances, of which 
he had no notice, existing between the antecedent parties to the note. 
When received after maturity, the assignee takes the note subject to 
all the equitable rights existing between the parties. 

A Non-Negotiable Note. 

$100.00 ■ Belleville, October 26, 1893. 

Three months after date I promise to pay to William McCabe, only, 
at the Bank o( Montreal here, the sum of One Hundred Dollars, for 
value received. John Smith. 

A Note Negotiable by Indorsement. 
$387.80 Toronto, October 26, 1893. 

Five months after date I promise to pay to the order of E. A. 

Wills the sum of Three Hundred and Eighty-Seven -- Dollars, at the 

100 

Canadian Bank of Commerce in Toronto, for value received. 

John Smith, 

A Note Negotiable without Indorsement. 
$50.00 Hamilton, October 26, 1893. 

Thirty days after date I promise to pay William Green or bearer, 
at my office in Hamilton, the sum of Fifty Dollars for value received. 

John Smith. 



11 
A Note Payable on Demand. 

$35.00 Montreal, Oct. 26, 1893. 

On demand for value received, I promise to pay to the order of W. 

B. Robinson, tlie sum of Thirty-Five Dollars. 

John Smith. 

Where a note payable on demand has been indorsed, it must be 
presented for payment within a reasonable time of the indorsement : 
if it be not so presented, the indorser is discharged. 

In determining what is a reasonable time, regard shall be had to 
the nature of the instrument, the usage of trade, and the facts of the 
particular case. 

A Joint and Several Note. 

$75.00 Belleville, October 26, 1B93. 

Six months after date we jointly and severally promise to pay to 

the order of S. G. Beatty the sum of Seventy-Five Dollars, at the 

office of the Dominion Bank in Belleville, for value received. 

Henry Brown, 
John Smith, 
James G. Leonard. 

Where a note runs " I promise to pay," and is signed by two or 
more persons, it is deemed to be their joint and several note. 

The holder of a joint and several note has recourse against all the 

makers, individually and collectively. Protest is not necessary on 

dishonor, if there be no indorser on it. Should the holder be obliged 

to sue, and recover the amount from one of the parties, that party 

would have recourse against the others for their proportions. The 

order in which the names appear makes no difference in the liability; 

the position of joint and several makers being altogether different 

from that of indorsers. 

A Joint Note 

reads, " we jointly" instead of "we jointly and severally."' When 
suing upon a joint note you have to make all the makers parties 
to the action. The joint and several is the better form for the 
holder, because any maker can be sued individually. 



12 

The Rights of a Third Party in a Negotiable Note. 

No arrangement between the maker and payee of a negotiable 
note can affect the right of a third party to collect who acquired the 
instrument in due course, that is to say, in good faith, before matur- 
ity, for valuable consideration. 

The Rights of an Assignee of a Non- Negotiable Note. 

In transferring by assignment a non-negotiable note, (the form is : 
" I hereby assign all my right, title and interest in the within note to 
" and the signature of the assignor) the assignor cannot trans- 
fer to the assignee more than he himself possesses, — for example, 
Henry Ellis gave John Wilson a non-negotiable note for $300. Wil- 
son assigned it to Alex. Thomson. After it was given, and before it 
was assigned, Wilson became indebted to Ellis in the sum of $100, 
and this amount Ellis has the right to set off against the note when 
the assignee, Thomson, presents it for payment. Had it been a 
transfer of a negotiable instrument, payable to bearer or order, the 
maker would have been bound to pay the third party the full amount, 
irrespective of the debt which the payee owed him. This example 
illustrates the difference between a negotiable and a non-negotiable 
note. 

An Accommodation Note 

is one on which a person lends his name as an indorser to enable the 
maker to borrow money upon it. It flatters some men's vanity to be 
told that such and such a bank would discount a note if they would 
put their name on the back of it, and in a moment of weakness they 
assume a liability tor another which, very often, they can only be 
freed from by paying. To indorse and borrow money upon a note 
that one holds against a debtor is a totally different matter, and is 
assuming no risk beyond what was incurred when the debt was con- 
tracted. 

Form of an Accommodation Note. 

William E. Brown has obtained John Smith's consent to indorse 
a note on which he (Brown) proposes to borrow money, or intends 



13 

to give to a creditor who is pressing him for security for a debt. 

Such a note is not drawn to the order of the lender or creditor, but to 

that of the indorser, that he may be held as first security after the 

maker. 

Belleville, October 26, 1893. 
$150.00 

Three months after date I promise to pay to the order of John 

Smith, at the Canadian Bank of Commerce here, the sum of One 

Hundred and Fifty Dollars, for value received. 

William E. Brown. 

To be indorsed on back 
John Smith. 

A Lost Note. 

Where a note has been lost before it is overdue, the person who 
was holder of it may apply to the drawer to give him another one of the 
same tenor, giving security to the drawer, if required, to indemnify him 
against all persons whatever, in case the bill alleged to have been lost 
shall be found again. If the drawer, on request as aforesaid, refuses 
to give such duplicate note, he may be compelled to do so. In any 
action or proceeding upon a bill, the court or a judge may order that 
the loss of the instrument shall not be set u{), provided an indemnity 
be given to the satisfaction of the court or judge against the claims of 
any other person upon the instrument in question. 

Discrepancy Between Words and Figures. 

Where the sum payable is expressed in words and also in figures, 
and there is a discrepancy between the two, the sum denoted by the 
words is the amount payable. 

Not Invalidated. 

A note is not invalid by reason only that it is ante-dated or post- 
dated, or that it bears date on a Sunday. That is to say, a note need 
not necessarily be dated the day it was made ; it can be dated back 
or dated forward. In dating back or dating forward, the instrument 
might inadvertently be dated on a Sunday. While such a note would 



u 

not be void, it is well to keep in mind that a note actually made on 
a Sunday would be void. 

A Holder in Die Course. 

A holder in due course is a holder who has taken a note or bill, 
complete and regular on the face of it, under the following condi- 
tions, namely : — 

(a) That he became the holder of it before it was overdue, and 
without notice that it had been previously dishonored, if such was 
the fact ; 

(^) That he took the instrument in good faith and for value, and 
that at the time it was negotiated to him he had no notice of any de- 
fect in the title of the person who negotiated it. 

The title of a person who negotiates an instrument is defective 
when he obtained the note or bill, or the acceptance thereof, by fraud, 
duress or force and fear, or other unlawful means, or for an illegal 
consideration, or when he negotiates it in breach of faith, or under 
such circumstances as amount to fraud. 

A holder, whether for value or not, who derives his title to a bill or 
note through a holder in due course, and who is not himself a party 
to any fraud or illegality affecting it, has all the rights of that holder 
in due course as regards the acceptor and all parties to the bill or 
note prior to that holder. 

Note Given for a Patent Right. 

Every bill or note, the consideration of which consists, in whole or 
in part, of the purchase money of a patent right or of a partial inter- 
est, limited geographically or otherwise, in a patent right, shall have 
written or printed prominently and legibly across the face thereof, 
before the same is issued, the words "given for a patent right ;" and 
without such words thereon such instrument and any renewal thereof 
shall be void, except in the hands of a holder in due course without 
notice of such consideration. 



15 

The indorsee or other transferee of any such instrument, having 
the words aforesaid so printed or written thereon, shall take the same 
subject to any defence or set-off" in respect of the whole or any part 
thereof which would have existed between the original parties. 

Every one who issues, sells or transfers, by indorsement or deliv- 
ery, any such instrument not having the words "given for a patent 
right" printed or written in manner aforesaid across the face thereof, 
knowing the consideration of such instrument to have consisted, in 
whole or in part, of the purchase money of a patent right, or of a par- 
tial interest, limited geographically or otherwise, in a patent right, is 
guilty of a misdemeanor, and liable to imprisonment or fine. 

Altering a Note. 

Where a note, bill or acceptance is m.aterially altered without the 
assent of all parties liable, it is voided, except as against a party who 
has himself made, authorized or assented to the alteration, and sub- 
sequent indorsers. 

Provided, that where a bill has been materially altered, but the 
alteration is not apparent, and the bill is in the hands of a holder in 
due course, such holder may avail himself of the bill as if it had not 
been altered, and may enforce payment of it according to its original 
tenor. 

The following alterations are material, namely, any alteration of 
the date, the sum payable, the time of payment, the place of payment' 
and where a bill or note has been accepted or made payable gen- 
erally, the addition of a place of payment without the acceptor's r.r 
maker's assent. 

Legal Rate of Interest. 

The rate ot interest that can be legally collected upon an overdue 
note, or any debt, on which the rale is not fixed by agreement, is six 
percent per annum. It is important, when drawing a note, that is to 
bear a higher rate than six percent., that the words "As well .\fter 
AS BEFORE MATURITY UNTIL PAID" be inserted. If these words or words 



16 

to the s.ime effect, are not inserted, the note would bear interest 
at the higher rate till maturity, but after that only at the legal rate. 

There is no usury law in this country, nor is it desirable that there 
should be. Money, like any other commodity, will bring for its use 
to the owner usually just what it is worth, considering the risk run 
and the demand and the supply. If a lender is content with a fair 
rate of interest he can readilly find borrowers with good security to 
ofifer, and the grasping man can find customers, too, who will pro- 
mise a- high rate of interest, but offer poor security for the fulfil- 
ment. 

Days of Grace. 

The custom among merchants has established the practice, which 
is recognized in law, of allowing three days of grace upon all promis- 
sory notes, drafts, and bills of exchange not payable on demand. No 
time bill is legally due until the days of grace have expired. In pre- 
paring to meet your own paper, or in presenting for payment that ot 
your customers,, bear this fact in mind, and be careful when entering 
the due dates in your bill book to add the three days of grace. To 
illustrate: A note given at three months from October 26th would 
not fall due till January 29th. A note given at ninety days from Oc- 
tober 26th would not fall due till January 27lh. 

Power of Attorney. 

It is customary for firms to grant to their managing accountants the 
power to draw bills, sign notes, accept drafts, draw cheques, and gen- 
erally transact their financial business. This authority is conveyed 
and exercised under a document called a Power of Attorney. It may 
be special or general — special in confining the exercise of it to a 
limited number of acts ; general by the conveyance of the authority 
to act for the firm in carrying on its ordinary financial operations. 
The usual way for a person who is acting under a power of attorney 
to sign business papers is, to sign the firm name, and place his own 



17 

underneath, with the words "per pro" or letters "p. p." before it, 

thus : 

J. C. Morgan & Co., 

per pro J. W. Johnson. 

The abbreviations stand for the phrase " by procuration." 

A signature by procuration operates as notice that the agent has 
but a limited authority to sign, and the principal is only bound by 
such signature if the agent in so signing was acting within the actual 
limits of his authority. 

Where a person signs a note or bill as drawer, indorser, or acceptor, 
and adds words to his signature, indicatmg that he signs for or on 
behalf of a principal, or in a representative character, he is not per- 
sonally liable thereon ; but the mere addition to his signature of words 
describing him as an agent, or as filling a representative character, 
does not exempt him from personal liability. 

When a Note Becomes Outlawed. 
A bill or note becomes outlawed six years after the date of matur- 
ity, or after the date of the last payment on account, or after the last 
written acknowledgment. That is, the holder of such a note cannot 
recover upon it if the maker, on being sued, sets up in defence the 
Statute of Limitations, which was passed in the twenty-first year of 
the reign of King James I., to limit the time allowed to parties to 
commence their suits, so as to shorten litigation. In all civilized coun- 
tries some period is prescribed by statute with this view. An instru- 
ment approaching the legal, though not the moral, end of its existence 
may be brought back to infancy and have its life renewed, by the 
holder obtaining say, in answer to a letter, an acknowledgment in writ- 
ing of the debt from the maker of the note. 

Indorsements. 

The act of writing the name upon the back of an instrument is 
called indorsing, which has two effects; it makes the indorser respon- 
sible for payment in the event of the maker failing to pay at maturity, 
and it makes an instrument that is payable to order, transferable. 



18 

The forms of indorsement commonly in use are (taking a note pay- 
able to the order of John Jones as an example) : — 

Indorsement in Blank, Specifying no Indorsee, as 

John Jones, 
which has the effect just described. When a note or bill has been 
indorsed in blank, any holder may convert the bhnk indorsement 
into a special indorsement, by writing above the indorser's signature a 
direction to pay the bill or note to, or to the order of, himself or some 
other person. 

Indorsement in full or Special Indorsement Specifying 

the Indorsee to Whose Order it is to be Payable, as 

Pay to the order of William Black 

John Jones, 

which makes the indorser responsible and the instrument negotiable 

only after it has been indorsed by the indorsee, William Black. 

Qualified Indorsement. 

Without recourse to me, 
John Jones, 
which relieves the indorser of responsibility, and simply makes the 
instrument transferable. 

Restrictive Indorsement. 

Pay to Richard Brown only 

John Jones, 

which makes the indorser responsible, but confines the payment to 

the indorsee. 

Other forms of qualifying indorsement are used, such as that 
placed on cheques payable to order sent by a clerk to the bank to be 
deposited to the firm's credit : 

For deposit only. 
John Beatty & Co. 
The qualifying words render it impossible for the person making 
the deposit to draw the money. 

Indorsements are often made to serve as receipts, as, for example, 
I draw a cheque payable to S. Jones, or order, instead of to S. Jones or 



19 

bearer, because, if drawn to order, Jones must sign his name on the 
back before he can receive payment. On paying and receiving back 
a note payable to order that has not been transferred, and conse- 
quently not indorsed, you should have the payee indicate that he had 
held it, or you could prove nothing by it. Have him indorse it and 
immediately cancel the indorsation. Notes that have been retired 
should be cancelled and filed away like receipts. 

The Order of Indorser's Liability. 

The holder of a note upon which there is an indorser or several 
indorsers has equal recourse against any of them (provided they have 
been duly notified of non-payment) and the maker at maturity. If he 
should be obliged to sue and should recover from the maker, that 
would discharge all the indorsers ; should he recover from the first 
indorser, that man would have recourse against the maker, but not 
against subsequent indorsers ; should he recover from the second in- 
dorser, that indorser would have recourse against all that preceded 
him, namely the first indorser and the maker. If you should have to 
become an indorser on a note along with other indorsers, you will see 
the importance of placing your name last. 

Guarantee. 
You may guarantee the payment of a note as follow;: " I hereby 
guarantee the payment of the within note," and sign your name 
Your liability is beyond that of an indorser, and you would not be re- 
lieved for want of presentation, nor for want of notice of dishonor. 

Where to Present a Note for Payment. 

1. Where a promissory note is in the body of it made payable at a 
particular place, it must be presented for payment at that place. But 
the maker is not discharged by the omission to present the note for 
payment on the day that it mature-. If no place of payment is speci- 
fied in the body of the note, presentment for payment is not necessary 
in order to render t!ie maker liable. 

2. Presentment for payment is necessary in order to render the in- 
dorser of a note liable ; 



20 

3- Where a note is in the body of it made payable at a particular 
place, presentment at that place is necessary in order to render an 
indorser liable: but when a ])lace of payment is indicated by way of 
memorandum only, presentment at that place is sufficient to render 
the indorser liable, but a presentment to the maker elsewhere, if suffi- 
cient in other respects, shall also suffice. 

The Proceeding's to be taken on the Non-payment of 
a Note Having an Indorser. 

It is of the first importance to understand what should be done in 
the event of a note, having an indorser, b^ing dishonored at maturity. 
The maker's liability is absolute, but the indorser's is conditional on 
his receiving notice of non-payment. A note that may be regarded 
as perfectly good before maturity, not because the drawer is reliable, 
but because the indorser upon it is financially sound, may, after it 
has become due, be practically worthless, if the proper steps to hold 
the indorser have not been taken. Having presented it at the place 
named by the drawer for its payment, and payment being refused, 
the holder is bound to notify the indorser, immediately, in order to 
have recourse against him, This will be best accomplished by handing 
the instrument to a Notary Public to be protested. The notary will 
make a demand for the payment, and, being answered "No Funds," 
will write out a protest, inserting in it the answer to his demand ; and 
he will, not later than the following business day, mail a notice of 
protest to the known address of the indorser or indorsers, from the 
nearest post office to the place at which the note was payable. The 
protest will cost the holder, in the Province of Ontario, fifty cents, 
and each notice twenty-five cents and the postage, which charges he 
will be entitled to collect from any of the parties to the note, as well 
as legal interest from the date of maturity. The production of the 
protest with the note in court will be sn^citnt pritna facie evidence 
upon which to sue an indorser. 

In this Province, notaries are appointed without special examina- 
tions by the Ontario Government. They are usually attorneys, how- 
ever. In the Province of Quebec, the notarial is a distinct profession, 
as it is in Irance. 



21 

When a dishonored note or bill is authorized or required to be 
protested, and the services of a notary cannot be obtained at the 
place where the bill is dishonored, any justice of the peace resident 
in the place may present and protest such bill, and give all necessary 
notices, and shall have the necessary powers of a notary in respect 
thereto. 

Waiving Protest. 

By waiving protest an indorser renders it unnecessary for the 
holder to have an instrument protested. This is usually done, if be- 
fore maturity, by the indorser writing the words on the back : 

" Presentation and Protest Waived." 
John Jones. 
If at maturity : 

" I hereby accept notice of non-payment and waive protest " 

John Jones. 
Protest may be waived by letter or telegram, should the indorser 
be absent from the place of payment at the date of maturity. 

There is no necessity to protest a dishonored note upon which 
there is no indorser; the maker can be held for six years after 
maturity. 

Noting. 

When a bill or note is required to be protested within a specified 

time, it is sufficient that it has been noted for protest before the 
expiration of the specified time ; and the formal protest may be 
extended at any time thereafter as of the date of the noting. 

Paying or Making Partial Payments upon Notes. 

When you pay a note or renew one, be sure that you get it back, 
and, if it has not been done already, cancel it, by writing "cancelled" 
or " paid" across the face, and run a pen through the maker's and 
indorser's names, and thus render it valueless. If the payee should 
still be the holder, he should, before returning it, indorse it, or place 
some written evidence upon it that he had been in possession of it, 
otherwise you could prove nothing by it. Put cancelled notes away 
in packages as you should receipts, for production at any time when 
necessary. 

The importance of receiving back notes that have been paid was 



made very apparent to me by a circumstance tliat came under my 
observation recently. A man borrowed a sum of money upon two 
notes from a lender, and he, in turn, discounted them at a bank. 
At the date of maturity the drawer duly appeared and tendered 
payment to t!:e man from whom he borrowed, who accepted it and 
gave a receipt. His excuse for not producing and returning the 
notes was that they were in the bank, and it was inconvenient to go 
for them, but he promised to send them at an early day. In less 
than a week he " skipped out " without returning the notes, and of 
course the maker had to pay the amount to the bank, as well as the 
notarial charges incurred in protesting them. Retail dealers, who 
have to ask for renewals from wholesale houses, are often careless 
about receiving back their old notes. It is not difficult to recall 
cases in which such paper has turned up in banks after the failure 
of a wholesale concern, and the easy-going dealer had to pay 
them. 

When making partial payments upon notes, see that the payment 

is properly acknowledged on the back of the instrument, and take a 
separate receipt as well. 



THE BOOK-KEEPING IN CONNECTION WITH NOTES. 

Any v.'ri'.ten obligation to pay money not under seal is termed in 
business by the holder a Bill Receivable, and by the maker or 
acceptor a Bill Payable. *In book-keeping the accounts in the 
ledger with these are called, respectively. Bills Receivable account 
and Bills Payable account. Bills Receivable account is made Dr. 
when other people's notes and acceptances are received, and credited 
when they are disposed of. The difference, or balance, between the 
two sides should correspond with the notes on hand, and the account 
closes, by balance, unless all the notes have been disposed of, when, 
of course, it will be simply ruled and footed. 

Bills Payable account is credited when you issue a note or accept 
a draft, and debited when you redeem or, as the word is, retire 
these obligations. The difference between the two sides should 



* No business man should omit to keep a Bill Book in addition to the Ledger 
Accounts with Bills Receivable and Bills Payable. 



23 

correspond with the obligations outstanding, and the account closes, 
to balance, unless all the notes have been paid, when, like Bills 
Receivable account under like circumstances, it will be ruled and 
footed. The mere novice in book-keeping will understand and be 
able to deal with these accounts when, in the case of Bills Receivable, 
they are simply received and disposed of, and, in the case of Bills 
Payable, when they are simply issued and redeemed. But in the 
event of 

Notes Having to be Renewed, 

more difficulty will be experienced. I shall take an exam])le or 
two. A note of $300 received from F. Spencer was duly debited to 
Bills Receivable, and his account was credited. It stood at the 
debit of Bills Receivable until I disposed of it by discounting it at 
the Bank of Commerce, when I made the bank debtor for the 
proceeds, discount debtor for the difference between the proceeds 
and the face of the note, and credited Bills Receivable account with 
the whole amount. My customer asks for a renewal of the note, 
and I consent. 

The renewal is for three months, and the interest is to be added to 
the new note, making it $305.20. I pay the old note by cheque, 
send it back to Spencer, and get the new one. Entries for the 
cheque given to pay the note : 

Bills Receivable $300 

To Bank $3°° 

This entry places the note where it was before it was dicounted, 

and is the same that would be made by an endorser, under any 

circumstances, paying a note for a maker, except when the maker 

was considered financially worthless, when it would be charged to 

Loss & Gain. 

Entries for the Renewal. 

Bills Receivable Dr $305 20 

To Bills Receivable $300 00 

" Interest 5 20 

The maker's entry for the same transaction would be : — 

Bills Payable Dr $300 00 

Interest " 520 

To Bills Payable $305 20 



24 



Partial Renewals. 

Brown renews for you half the I i. Your entry : $ c. 

amount of a note for $500.00 due | Bills Payable Dr.. . . 500 00 

to-day. You pay $250 cash, and j Interest " 3 50 



give a new note for half the 
amount of the old one and in- 
terest on renewal, $3.50. 



Brown renews tor you half the 
amonnt of a note for $600.00, 
due to-day. You pay $303.00, 
l)ein<4 half the amount, plus the 
interest on renewal, and you give 
a new note for half the amount of 
the old one. 



To cash $250 00 

" Bills Payable 25350 

2. His entry : 

Bills Receivable Dr 253 50 
Cash " 250 00 

To Bills Receivable 500 00 

•' Interest 3 5° 

3. Your entry : 

Bills Payable Dr. .600 00 
Interest *' " . . 3 00 

To Cash 303 CO 

" Bills Payable 300 00 

4. His entry : 

Bills Receivable Dr. 300 00 
Cash " 303 00 

To Bills Receivable 600 00 

" Interest 3 00 



\Vhere a cash book is kept, of course the cash would have to be 
put through it. In that case the entries for No. i would be as 
follows : — ■ 



JOURNAL. 

Bills Payable Dr. .250 00 
Interest " . . 3 50 
To Bills Payable 253 50 



CASH CREDIT. 



By Bills Payable. For 
part payment on No. 92, 
renewed as per Journal 
and Bill Book. 250 00 



"^Lien Notes. 

Lien notes are now frequently given by people purchasing 
agricultural implements, pianos, organs, sewing machines, etc. 

A Common Form of Lien Note. 



Belleville, 189 



On the first day of 1S9 , I promise 

to pay The G. & J. Brown Man'fg. Co., (Li.mited), or order 

at their Office, in Belleville, for value received 

Dollars, with interest at Seven per cent., and at the rate of Ten per 
cent, interest after date of maturity. I further agree to furnish 
security satisfactory to you at any time if required. If I fail to 
furnish such security when demanded, or should I sell or otherwise 
dispose of the land or personal property I am now possessed of, then 
this note is to become due and payable forthwith ; and you may 
retake possession of the article for which this note is given without 
process of law, and sell it by public or private sale, but the taking 
and selling of said article shall not relieve me of my liability for any 
balance of the purchase price still unpaid after such sale. The title 
and right to the possession of the property for which this note is 
given shall remain vested in The G. & J. Brown Man'fg. Co., 
(Limited), until this note or any obligation given therefor is paid. 
I hereby acknowledge having this day received a copy of this note. 



Lot 



Con Township . 



P. O. Address 
Witness 



J3 -Ji 
c S 

3 tC 
^ < 

An Act of the Ontario Legislature respecting conditional sales of 
chattels came into force on the first of January, 18S9. 

It provides that such an instrument as the above is valid as 

against subsequent purchasers of the article for which it was given, 

if at the time possession was given to the bailee it had the name 

and address of the manufacturer, bailor or vendor of same painted, 

printed, stamped or engraved thereon, or otherwise plainly attached 
thereto. 

Any proposed purchaser of the article can demand and is entitled 
to receive within five days from the manufacturer, bailor or vendor, 
claiming ownership, full information respecting the amount due and 
the terms of payment ; and if he refuse to give such information, he 



'Attention is drawn to the tact that Lien Notes are dealt with under Provincial 
Legislation. 



26 

will be liable to a fine of $50. The inquiry may be made by letter, 
giving the name and address to which a reply may be sent, and it 
will be sufficient if the reply giving the information be made by 
registered letter within five days. ' 

If possession be taken of the article for breach of condition it may 
be redeemed within twenty days, by full payment of the amount due 
and the cost of taking possession. If the goods taken were sold or 
bailed originally for a greater sum than $30.00, they shall not be 
sold, when seized for breach of condition, without five days notice to 
the bailee or his successor in interest, by personal service of notice, 
or leaving it at his residence or last known place of abode in Ontario, 
or sent by registered letter seven days before the time when the 
said five days will elapse, addressed to the last known post-office 
address in Canada of the bailee or his successor in interest. 

A copy of the receipt note must be left with the bailee at the 
time of the execution of the instrument, or within twenty days 
thereafter. 

The manufacturer, bailor or vendor may file a copy of the 
instrument with the Clerk of the County Court of the county in 
which the bailee resided at the time of the conditional purchase 
within ten days from its execution, and thereby relieve himself from 
some of the provisions of the Act. — See Ontario Statutes, 18S8, Cap. 

I. o. u. 

Is a memorandum of a debt given by a borrower to a lender as for 

example : — 

Montreal, April 28th, 1893. 

Mr. A. B., I. O. U. Ten Dollars. 

C. D. 

It is not a promissory note, but is valuable evidence of the 
existence ot the debt. 



2T 



DRAFTS, OR INLAND BILLS OF EXCHANGE. 



A bill of exchange is an unconditional order in writing, addressed 
by one person to another, signed by the person giving it, requiring 
the person to whom it is addressed to pay on demand, or at a fixed 
or determinable future time, a sum certain in money to, or to the 
order of, a specified person, or to bearer ; 

An inland bill is a bill which is, or on the face of it purports to be, 
(a) both drawn and payable within Canada, or (/') drawn within 
Canada upon some person resident therein. Any other bill is a 
foreign bill. 

Nearly all that has been said of notes is applicable to drafts ; they 
differ, however, in form and in other respects. A note is a promise 
to pay, originating with the debtor ; a draft is an order to pay, 
originating with the creditor, and addressed by him to the debtor. 
There are three parties to a draft — the drawer, the one that draws 
it; the/ajw, the one in whose favor it is drawn; \\\q. drawee, the 
one on whom it is drawn, who becomes the acceptor. The acceptor 
of a draft stands in the same position as the maker of a note, and 
the drawer of a draft stands in the same position as the first indorser 
of a note. To be held for a dishonored bill, notice of dishonor must 
be sent to the drawer not later than the next following business day. 
This will be best accomplished by handing it to a Notary Public to 
be protested. Any drawer or indorser to whom such notice is not 
given is discharged. 

The Theory of Exchange. 

In commerce, an " Exchange " means to pay your creditor by 
transferring to him a debt owing to you by some one else. 



28 

The following example will illustrate both the theory and practice 
of exchange. You will observe that three parties and two debts 
are necessary to an exchange : 

Robinson & Johnson, Belleville, are indebted to John Lovell & 
Son, Montreal, who desire that they shall pay at ten days' sight the 
amount to R. Miller, Son &: Co., to whom John Lovell & Son are 
indebted, and to effect this they draw the following : — 

Draft. 
$500.00 Montreal, January 8th, 1S93. 

Ten days after sight, pay to the order of * R. Miller, Son & Co., 
the sum of Five Hundred Dollars, for value received, and charge 
the same to the account of 

tJoHN Lov£LL & Son. 
To I Robinson & Johnson, 

Ontario Business College, 

Belleville. 

'■'Payee. fDrawer. | Drawee. 

To make the draft bindmg upon Robinson & Johnson they will 
have to accept it, which they will do by writing across the face : 

Accepted January \oth, 1893, payable at the 
Canadian Bank of Commerce, Belleville. 
Robinson 6^ Johnson. 

After which it is called an acceptance. Robinson & Johnson are 
now in the same position as if they had made a promissory note, 
and John Lovell & Son are in the same position as the first indorser 
on a note. It is customary to allow the drawee to choose the place 
of payment ; in this case Robinson & Johnson name the Bank of 
Commerce, Belleville. If the draft were drawn at ten days' date 
instead of ten days' sight, there would be no necessity to place the 
date of acceptance upon it. In the former case the maturity would 
be reckoned from the day the draft was drawn, in the latter it is 
reckoned from sight. 



29 

The drawer of a draft may be both drawer and payee. If John 
Lovell & Son desired to collect for themselves the amount of 
Robinson & Johnson's debt, they would draw ihe draft to their own 
order. 

The entries of the parties to the foregoing draft would be as 
follows : — 

John Lovell & Son's f R. Miller, Son & Co., Dr. 

would be \ To Robinson & Johnson. 

R. Miller, Son & Go's. f Bills Receivable, Dr. 

would be ( To John Lovell & Son. 

Robinson & Johnson's ( John Lovell & Son, Dr. 

would be I To Bills Payable. 

Further Illustration of "Exchange." 

Here is a farther illustration of " Exchange," given by Macleod, 
one that any person will readily understand : 

You are travelling in an omnibus. The fare is twenty-five cents. 
The smallest change you have is fifty cents, which you hand to the 
conductor. Another passenger is desirous of paying his fare, and 
has twenty-five cents in his hand ready to hand over. The conductor 
tells him to pay it to you, which he does. By this means the 
conductor's debt to you is paid by the transfer to you of the other 
passenger's debt to him, and thus considerable trouble is saved. 

The principle of exchange here is precisely the same as that 
involved in the draft, for, as you will see, if you study the matter, 
John Lovell & Son are in the same position as the conductor of the 
omnibus, and pay their debt to R, Miller, Son & Co. by transferring 
to that firm the debt owing to them by Robinson & Johnson, just 
as the conductor paid his debt to you by causing the other passenger 
to pay you the sum he owed the conductor. 

The Acceptor's Liability. 

The acceptor of a bill, by accepting it — 

Engages that he will pay it according to the tenor of his 
acceptance. 



30 

The Drawer's Liability. 

The drawer of a bill, by drawing it — 

Engages that on due presentment it shall be accepted and paid 
according to its tenor, and that if it is dishonored he will compen- 
sate the holder or any indorser who is coni])elleQ to pay it, provided 
that the requisite proceedings on dishonor are duly taken. 

The Indorser's Liabihty. 

The indorser of a bill, by indorsing it — 

Engages that on due presentment it shall be accepted and paid 
according to its tenor, and that if it is dishonored he will compensate 
the holder or a subsequent indorser who is compelled to pay it, 
provided that the requisite proceedings on dishonor are duly taken. 

Where a Bill is Dishonored, Who May Recover and 

What. 

In case of dishonor the holder may recover from any party liable 
on the bill, and the drawer who has been compelled to pay the bill 
may recover from the acceptor, and an indorser who has been 
compelled to pay the bill may recover from the^acceplor or from the 
drawer, or from a prior indorser — 

(i) The amount of the bill ; 

(2) Interest thereon from the time of jiresentment for payment, if 
the bill is payable on demand, and from the maturity of the bill in 
any other case ; 

(3) The expenses of noting and protest. 

Drafts sent for acceptance or collection through a bank will be 
protested if dishonored, unless instructions to the contrary have been 
given, or a slip be pinned to the draft with the words printed or 
written upon it : " Not to be protested ; take this off before pre- 
senting." You may often succeed in collecting from a slow customer 
by the medium of a draft, when dunning letters would fail to produce 
a cent. When drawing on a doubtful customer, be sure to attach 



31 

the " No pretest," for the reason that if your draft should be 
returned dishonored and protested, you will have to pay the notarial 
charges yourself. 

Definition and Requisites of Acceptance. 

The acceptance of a bill is the signification hy the drawee of his 
assent to the order of the drawer : 

An acceptance is invalid unless it complies with the following 
conditions, namely : — 

(a) It must be written on a bill and be signed by the drawee. 
The mere signature of the drawee without additional words is 
sufficient ; 

{/') It must not express that the drawee will perform his promise 
by any other means than the payment of money ; 

Where in a bill the drawee is wrongly designated or his name is 
mis-spelt, he may accept the bill as therein described, adding, if he 
thinks fit, his proper signature, or he may accept by his proper 
signature. 

When a bill is duly presented for acceptance, and is not accepted 
on the day of presentment or within two days thereafter, the person 
presenting it must treat it as dishonored by non-acceptance. If he 
does not, the holder shall lose his right of recourse against the 
drawer and indorsers. 

When a bill is dishonored by non-acceptance, an immediate right 
of recourse against the drawer and indorsers accrues to the holder, 
and no presentment for payment is necessary. 

A Bill must be Duly Presented for Payment. 

1. If it is not so presented, the drawer and indorsers shall be 
discharged ; 

2. A bill is duly presented for payment which is presented in 
accordance with the following rules : — 

(a) Where the bill is not payable on demand, presentment must 
be made on the day it falls due ; 



32 

(/^) Where the bill is payable on demand, then presentment must 
be made within a reasonable time after its issue, in order to render 
the drawer liable, and within a reasonable time after its indorsement, 
in order to render the indorser liable ; 

(i) Presentment must be made by the holder or by some person 
authorized to receive payment on his behalf, at the proper place, 
as hereinafter defined, either to the person designated by the bill 
as payer, or to his representative or some person authorized to pay 
or refuse payment on his behalf, if, with the exercise of reasonable 
diligence, such person can there be found ; 

(d) A bill is presented at the proper place : — 

(i) Where a place of payment is specified in the bill and the bill 
is there presented ; 

(2) Where no place of payment is specified, but the address of 
the drawee or acceptor is given in the bill, and the bill is there pre- 
sented ; 

(3) Where no place of payment is specified and no address given, 
and the bill is presented at the drawee's or acceptor's place of busi- 
ness if known, and if not, at his ordinary residence, if known ; 

(4) In any other case, if presented to the drawee or acceptor 
wherever he can be found, or if presented at his last known place 
of business or residence. 

Where a bill is presented at the proper place, and, after the exer- 
cise of reasonable diligence, no person authorized to pay or refuse 
payment can be found there, no further presentment to the drawee 
or acceptor is required. 

Where the place of payment specified in the bill or acceptance is 
any city, town or village, and no place therein is specified, and the 
bill is presented at the drawee's or acceptor's known place of busi- 
ness or known ordinary residence therein, and it there is no such 
place of business or residence, the bill is presented at the post office, 
or principal post office in such city, town or village, such present- 
ment is sufficient. 



S3 

Bank Commission for Collecting. 

The banks usually charge }( of i% fur making collections. If you 
wish to draw for a debt, say of $200, in this province, and the 
drawee is to pay the e>:change, the amount of your draft would be 
$200.50. If the drawee resides in a distant part of the Dominion, 
, or in the United States, and you cannot tell what the cost of collec- 
tion will be, as the draft will have to pass through several banks 
before presentation, and each be paid a commission, add the words 
after the amount in the body of the draft, •' with exchange." 

Kinds of Drafts. 

There are three kinds of drafts, namely, Time, Sight and Demand, 
Time drafts are those that are intended to run a certain time after 
date or after acceptance. The only difference between a draft at 
sight and a draft on demand is, that on the former the drawee can 
take three days of grace, and the latter is payable on presentation. 
When you desire to give the drawee a definite number of days for 
the payment of a draft after he accepts it, draw so many days after 
sight. If you draw so many days after date the time is fixed for the 
payment, irrespective of the date of acceptance. For example, to 
give the drawee ten actual days from sight, draw at seven days' sight; 
to give him four days, draw at one day's sight, and so on. The 
days named and the three days of grace make the time the draft 
will mature after sight. 

■'Accommodation Draft ("Kite Flying"). 

It is not an unusual thing when an extensive wholesale house fails, 
to hear of numerous failures among retail dealers in the same line. 
It will be found that disaster has come upon the latter because they 
have lent their names to the former too freely. To illustrate : I am 
doing a retail business in Belleville with a fair amount of capital, my 
largest creditor being John Ulank & Co., of Toronto, They have 
placed me under obligation by renewing my paper occasionally, and 
otherwise indulging me. Better for me that they had not. They 
vwite and ask me to accept their dralt at three months for $500, 

*See "Accommodation Note," page 12. 



3i 

beyond the amount that I owe them, giving the excuse that they 
have to buy a large amount of exchange to remit to England in the 
coming week, or they have heavy duties to pay, and they remind me 
of the help they have given me in the past. Being of a grateful 
turn, and believing that the house of Blank it Co. could not be 
otherwise than sound, I consent, and duly accejil tlie draft, hoping 
that I shall not be called upon again to accommodate them with my 
name. At the end of the three months they duly retire my accept- 
ance and return it to me, as I knew they would. I am surprised, 
however, in a few days by a request to accept two more drafts of 
$50c each, for their accommodation. Similar excuses are given, and 
I assume an obligation of $1000, for which I receive no value. As 
time goes on similar requests continue, and so does my folly, until 
my name is upon their paper for a sum larger than my capital. They 
fail with this paper under discount at the bank, and as it would be 
impossible forme to pay it and discharge my legitimate obligations, I 
too have to make an assignment. An accommodation jjarty is liable 
on the bill to a holder for value; and it is immaterial whether, when 
such holder took the bill, he knew such party to be an accommoda- 
tion party or not. Need I add the caution — never accept accommo- 
dation drafts, or, as the expression is, " fly kites " for any one. The 
man who accepts an accommodation draft is in a worse position than 
the man who endorses an accommodation note. The latter can come 
on the maker ; but the other, being the primary debtor, will only 
have an equitable right over against the estate of the man whom he 
accommodated. 

Obtaining Assistance by Draft to Retire an Accept- 
ance or Note. 

A business man is frequently in such a position as the following : — 

His acceptance (or note) for $600.00 in favor of John Allen & 

Co., of Montreal, will fall due four days hence at the Bank of 

Montreal in Kingston. All he can raise towards paying it is $300.00 ; 

so he writes them the following letter : 



35 

Kingston, June g, 1893. 
Messrs. John Allen & Co., 

Montreal. 

Gentlemen, — I regret that I shall not be able to pay in full my 

acceptance in your favor due on the 13th instant. All I can raise is 

$300, and I request that you will kindly permit me to draw on you 

at sight for the balance, $300, for which you may draw back upon me 

at ten days, with interest and exchange. 

Yours faithfully, 

RICHARD ROE. 

He receives the following reply : — 

Montreal, June 10, 1893. 
Mr. Richard Roe, 

Kingston 

Dear Sir. — Your letter of the gth inst. is received, and in 'reply 

we hereby authorize you to draw on us at sight for $300, to assist you 

to retire your acceptance in our favor, due June T3th. As requested, 

w'e shall draw back upon you for that amount, adding interest and 

exchange. 

Yours faithfully, 

JOHN ALLEN & CO. 

The letter of authority to draw the draft will be shown by Roe to 
the manager of the bank, with the request that the bank will dis- 
count it. He consents. Roe draws the following draft : 

Kingston, June 13, 1893. 
$300.00. 

At sight, for value received, pay to the order of the Bank of 

Montreal the sum of three hundred dollars, and charge to the 

account of 

RICHARD ROE. 
To Messrs. John Allen & Co., 

Montreal. 
(N. B. — Roe might draw the draft to his own order and indorse it over to the 
bank.) 

Roe has the draft discounted, and leaves the proceeds, $299.25, to 
his credit in the bank. 



Tohn Allen v'v: Co. retire ihe draft by check on presentation. 
The interest and cost of collecting the draft they draw back u])on 
Roe is $1.50 ; so they draw upon him at ten days' date for $301.50. 

Entries. 



Roe's entry when he draws 
the draft on Allan. 



) r.ank Dr. $299.25. 
■ Discount Dr. 75. 
) To John Allan & Co.$3oo.oo. 

Allan's entry when they retire (^ R. Roe, Dr. $300.00. 

Roe's draft by check. ( To Bank $300.00. 

Allan's entry when they charge \ 

Roe with the interest and ( R. Roe, Dr. $1.50. 

exchangeonthe draft to be | To interest, $i-5o. 

drawn at ten days. } 

Allan's entry when they draw (^ Bills Rec. $301.50 

on Roe at 10 days. j To R. Roe. $301.50. 

Roe's entry when he accepts ] John Allan <S: Co., Dr. $300.00. 

Allan's draft at ten > Interest " 1.50. 

days' date. ) To Bills Payable, $301.50. 

The note to retire which assistance was obtained, was duly charged 

to Roe's account in the Bank, and he made 

Bills Payable, Dr. $6oc.oo. 

To Bank 600.00 

and when he retires the acceptance of $301.50 he will make 

Bills Payable $301.50. 

To Bank, $301.50. 

A Bank Draft 

is a medium by which a remittance is made. You desire to send or 
carry money to a distance in a way that will be safe. Buy from a 
bank a draft payable on demand, at the i^lace desired, to your order, 
or to that of the person for whom the money is intended. It will 
cost you a quarter of one per cent, more than the fare, and will be 
cashed at par at the branch or bank it is drawn upon. 

If the draft is drawn upon a foreign country, it is called a Foreign 
Bill of Exchange. 



37 

FOREIGN BILLS OF EXCHANGE. 

Bills of Exchange were rot known to the ancients. We have 
records, however, of their use in the fourteenth century. It is pro- 
bable that a Bill of Exchange was in its origin nothing more than a 
letter of credit from a merchant in one country to his debtor, a 
merchant in another, requesting him to pay the debt to a third per- 
son who carried the letter, and was travelling to the place where the 
debtor resided. 

This mode of making payments was found by exjjerience extreme- 
ly convenient for all parties — to the creditor, for he could thus col- 
lect his debt witliout trouble, risk or expense ; to the debtor, for the 
facility of payment was an equal accommodation to him ; to the 
bearer of the letter, who found himself in funds in a foreign country, 
without the danger and incumbrance of carrying specie. 

At first, perhaps, the letter alluded to many other things besides 
the order to pay money ; but it was gradually disencumbered of all 
other matters, was left open, and the paper on which it was written 
gradually assumed the size and form now in use. The assignee 
was, perhaps, desirous to know beforehand whether the party to 
whom it was addressed would jjay it, and sometimes showed it to 
him for that purpose ; his consent to pay was the origin of accept- 
ances. 

Foreign Exchange Explained. 

The theory and nature of inland exchange have been fully set 
forth at pages 27,28 and 29, and I shall now explain Foreign Exchange 
by the following practical illustrations : I am a produce commission 
merchant in Montreal, and have received from the firm of John 
Lord &: Co., London, England, an order for a quantity of wheat. I 
have shipped it on board the steamship " Parisian," and have obtained 
trom the vessel's agent (or the master or purser) the bill of lading 
duly signed (in which I have had the wheat consigned to my own 
order, as it is not yet paid for) and I have also insured it. The value 
of the wheal is two thousand pounds, for which I have John 



3S 

Lord & Go's, authority to draw a bill on them at three days' sight. 
I draw the bill of exchange upon them in the following set : 

I St. 

Montreal. April 15, 1S93. 
Exchange for ^^{^2000. 

Three days after sight of this first of exchange (second and third 
of the same tenor and date unpaid), pay to the order of myself the 
sum of Two Thousand Pounds Sterling, for value received, and 

charge the same to the'account of 

J. W. Johnson. 
To Messrs. John Lord & Co., 

7 New Broad St., 

London, E. C, England. 

2nd. 

Montreal, April 15, 1893. 
Exchange for ^2000. 

Three days after sight of this second of exchange (first and third 
of the same tenor and date unpaid), pay to the order of myself, 
the sum of Two Thousand Pounds Sterling, for value received, 

and charge the same to the account of 

J. W. Johnson. 
To Messrs. John Lord & Co., 

7 New Broad St., 

London, E. C, England. 

3rd. 

Montreal, April 15, 1893. 
Exchange for ^2000. 

Three days after sight of this third of exchange (first and second 
of the same tenor and date unpaid), pay to the order of myself, 
the sum of I'wo Thousand Pounds Sterling, for value received, 
and charge the same to the account of 

J. W. Johnson. 
To Messrs. John Lord & Co., 

7 New Broad St., 

London, E. C, England. 
I have now exchange for sale, created by the export of the wheat, 



39 

and the consequent debt to me of John Lord & Co. I shall sell it 
where I can obtain the highest price, and have offered it to several 
bankers; the Bank of Montreal having made the best offer, viz.: 
4.87 (* that is to say $4.87 for each pound), I dispose of the bill of 
exchange to that institution, indorsing it to the order of the Bank, and 
I also indorse the bill of lading over to the Bank, and likewise 
assign to it the policy of insurance. 

The Bank having bought exchange on London, or the debt owing 
to me there, is now in a position to j-^// exchange on London. Here 
are a dozen Montreal merchants desirous of paying debts that they 
owe in London, and knowing that the Bank has exchange for sale 
they will save the trouble and expense of transmitting bullion (gold 
or silver) by buying bills drawn by the Bank of Montreal on its Lon- 
don agent for the various sums that they may require, and to the 
order of the persons to whom they are indebted, until the two thous- 
and pounds, representing the export of the wheat, is exhausted. If 
the bank, in order to meet its customer's demands, should issue bills 
to a larger amount than the two thousand pounds, it could make one 
remittance in coin to cover the overdraft. In actual practice, how- 
ever, this would not be necessary for any one day's transactions, for 
the bank has other funds available in London, or if not, has credit, 
which is just as good. However, if the overdraft on its London cor- 
respondent continued, the bank would require periodically to remit 
coin, or buy exchange from some other bank to remit. 

You will see from the above how large international transactions 
are conducted, and many acts of exchange accomplished, by a single 
transfer of specie. Gold is the common denominator of value, lUUs of 
Exchange represent it, and gold could be obtained for them, but it is 
not the actual medium of exchange. The wheat that I exported paid 
for the importations of a dozen merchants, which is practically barter, 
where equivalent quantities of goods are made to pay for each other. 

*The par of Sterling Exchange is $4,867^, or 9>^ % over the old par, which 
was $4.44 4-9. The rate of exchange is the price at which it is being bought and 
sold daily. The Bank bought as above at $4.87 (above par) and sold say at $4.88. 



40 

From the transactions in exchange mentioned as occurring in one 
bank in ]Montreal, let your mind dwell on the hundreds of similar 
transactions that are occurring daily in the great cities of the conti- 
nent, in connection with its exports and imports, and you will under- 
stand when you read in the papers "that bullion has been shipped 
from England to America " (or vice versa) tiiat one such transmission 
is the single settlement in coin for thousands of international transac- 
tions, whereby freight charges, insurance and actual loss of gold, that 
would be involved if each one had to ship gold to meet his indi- 
vidual debts, are avoided. 

Bills in a Set. 

Three, or at least two, bills are issued in a set of exchange, (see 
page 38,) each part of the set being numbered, and containing a 
reference to the 01 her parts ; the whole of the parts constitute one 
bill, and one part havmg been paid the others are void. The original 
object of issuing more than one bill was that they might be sent by 
different conveyances, and whichever one was presented to the 
drawee first was paid. When the ocean mails v.-ere carried by 
sailing vessels, delays were freciuent. A vessel bearing the second 
of exchange, altl;ough sailing two weeks later than the one by which 
the first was sent, might reach its destination at an earlier date than 
the other. The punctuality ot the ocean mails now, renders it usually 
unnecessary to remit more than one bill of the set. 

LETTER OF CREDIT. 

Colonial Bank, Barbados, ^V. 1 , 26th January, 1893. 
Messrs. Brown Brothers & Co., 

Agents Colonial Bank, 

New York. 
Dkar Sirs, — 

You are hereby authorized to cash the Gold Drafts, without deduc- 
tion, of Mr. Belfield Grannum on Mr. E. T. Grannum of this Island, 
at 30 days' sight, to the extent of $520, say Five Hundred and 



41 

Twenty Dollars, this Credit to remain in force for three months 
from date. 

The Messrs. Grannuni's signatures were sent you last year. 
I am, Dear Sirs,' 

Yours faithfully, 

F. J. Howell, 

Manager. 

This places Mr. Grannum in the position to obtain funds from 
Brown Bros., New York, to the amount named ,on the credit of the 
Colonial Bank, Barbados. 

Circular Letters of Credit 

are issued by some banks for use by travellers. They are more con- 
venient than a bill of exchange, because money can be obtained 
upon them in various countries. The identification of the person to 
whose order a circular letter ot credit is drawn is established by l;is 
signature on the margin, certified by the banker who issued it. 
^Vhere he is an entire stranger, to prove his identity, he has only to 
submit his signature for comparison with that which he signed upon 
the margin. 



CHEQUES ON A BANK. 



A cheque is a bill of exchange drawn on a bank, payable on de- 
mand. 

Form. 



Stub, 
No. 1,053. 
June 2nd, 1893, 
In favor of Geo. Ritchie & Co. 

$75-50 
In full of Account to date. 



No. 1,053. Belleville, Ont., June 2nd, 1S93. 
To the Canadian Bank of Commeice, 
(Belleville Branch ) 
Pay Messrs. Geo. Ritchie «fe Co., or order. 

Seventy-five 50/100 dollars. 

$75-50 (in full of Ace. to date.) 

ROBINSON & JOHNSON. 



42 

In the above example Robinson & Johnson have funds on deposit 
in the branch of the Rank of Commerce at Belleville, and desiring 
to pay George Ritchie & Co. the amount of their account, give them 
a cheque for $75.50. The checiue drawn as above will serve as 
a receipt when it is paid, and received back from the bank, 
because it is payable to the order of the payee, names what it was 
given for, and must be indorsed by Geo. Ritchie & Co. before 
they can transfer it, or draw the money on ir. 

Accepted Cheques. 

On receiving a cheque from the drawer, the payee should present 
it at once to the bank for acceptance, and within a reasonable time 
for payment. The ledger keeper is the officer who accepts it, and 
the teller the one who pays it. 

Indorsing Cheques. 

A cheque payable to bearer is negotiated by delivery ; one pay- 
able to order is negotiated by indorsement and delivery. The safest 
way is to make all cheques ])ayable to order. See indorsements at 
pages 17 and 18. Do not indorse a cheque until you present it for 
payment, when you will indorse it in blank. If you transfer it, 
indorse it in full. 

Numbering Cheques, 

Number your cheques so that you may have the satisfaction of 
knowing that they have been returned ; preserve them, consecutively 
numbered, in packages, so that you can produce them at any time. 

Checking the Bank Account. 

Leave your pass book in the bank on the last day of each month 
to be balanced. About the 2nd or 3rd of the new month it will be 
handed to you (after you have signed an acknowledgment that 
the balance shown is right), together with the cheques, notes and 
acceptances that have been paid and charged to your account up to 
the end of the previous month. You will sometimes find that the 
b.ilance in the bank pass-book and the balance in your books do not 



43 

agree. In this event find what cheques are missing by noting the 
numbers that are absent, refer to the corresponding stub numbers, 
and you will find (unless mistakes have been made) that the sum of 
the absent cheques is the difference. The absent cheques had not 
been presented for acceptance when the pass-book was made up ; 
you had credited the bank with them in your books, but they had 
not then been charged by the bank to your account, hence the dis- 
crepancy. 

Keep Daily Track of your Bank Balance. 

It is a most unpleasant experience for a reputable business man 
when he has given a cheque in good faith, to have it returned with 
the remark, " no funds." Men who have no financial reputation to 
sustain '•' don't care," and frequently put persistent creditors off tem- 
porarily by drawing cheques which they know there are no funds to 
meet. A man who wants to know daily how his balance stands, 
and who cannot keep the bank account in the ledger posted closely, 
can keep track of the bank transactions on the back of the stubs 
of his cheques as follows : — 

The balance this morning was $920.70. 

$100. $57.20, $60.30 
Three cheques were issued to-day, Nos. 129. 130. 131. 

The proceeds of a note discounted amount to $430.20. 
A deposit was made to-day of $600. 
On the back of the stub of the last cheque issued write 



Balance over. 




$920. 70 


Deduct 






Cheques Nos. 129, 


• . $100.00 




130. 


57.20 




131. 


60.30 


217.50 






Add 


$703.20 


Proceeds of discount, 


430.20 




Deposit, 


600.00 


1030.20 


Preseni balance, 




$• 7.33- 40 



A man will not, unless he designs to do it, issue cheques for which 
there are no funds if he attends accurately to this matter each day. 



44 
Rate of Exchange on Cheques 
Cheques presented at any other branch of the bank than that in 
which the drawer's funds are on deposit, are subject to a deduction 
for exchange of ^^ of i%. You should therefore make your cheque 
for the amount of the debt and the exchange, if it is to be paid at 
another branch. If you keej) a fair balance with your banker on 
which no interest is allowed, he may grant you the concession of 
marking your cheques payable at par at the branch where it will be 
presented for payment. 

Precaution Against Fraud. 

Draw your cheques so that they cannot be raised or altered. 
In the example given at page 41, you will observe that there 
is no unfilled space to the left of the written amount, and the 
fraction (or if no fraction Zl) follows close up to it on the right. 

Neither on one side nor the other can any word be added. If you 
fail to observe such a precaution, and by your carelessness invite 
fraud, and it should succeed, you, and not the bank, will be the 
loser. 

Identifying Strangers on Cheques. 

Take care, when identifying a payee on a cheque or draft to 
enable him to draw money, that you do not incur responsibility. For 
example ; John Jones, whom you know, wants you to identify him 
on a cheque or draft payable to his order that has not been accept- 
ed. He indorses it ; underneath his signature write, " Identified 
by," and sign your name. Doing this, you only certify that he is 
John Jones ; but if you simply indorse your name under his, you 
would guarantee both the man and the money. lie may say, " but 
I cannot get the money on personal identification only;" your reply 
would be, "well, let it be sent for collection, I decline to incur any 
responsibility beyond identifying you." You may not get up a 
reputation as an " obliging fellow," but you will have the satisfaction 
of knowing that you are safe. 



Grossed Cheques. 

When it is intended that a cheque shall not be negotiable, it is 
crossed. 

I. Where a cheque bears across its face an addition of : — 

(a) The word " bank " between two parallel transverse lines, 
either with or without the words " not negotiable ;" or 

{/>) Two parallel transverse lines simply, either with or without 
the words " not negotiable ; " 

That addition constitutes a crossing, and the cheque is crossed 
generally. 

2 Where a cheque bears across its face an addition of the name 
of a bank, either with or without the words " not negotiable," tliat 
addition constitutes a crossing, and the cheque is crossed specially, 
and to that bank. 

A cheque may be crossed generally or specially by the drawer. 

3. Where a cheque is uncrossed, the holder may cross it generally 
or specially. 

4. Where a cheque is crossed generally, the holder may cross it 
specially. 

5. Where a cheque is crossed generally or specially, the holder 
may add the words "not negotiable." 

6. Where a cheque is crossed specially, the bank to which it is 
crossed may again cross it specially, to another bank for collection. 

7. WHiere an uncrossed cheque, or a cheque crossed generally, is 
sent to a bank for collection, it may cross it specially to itself. 

8. A crossed checpie may be re-opened or uncrossed by the drawer, 
writing between the transverse lines, and initialing the same, the 
words " pay cash." 



46 

Book-Keeping Entries for Cheques. 

When you deposit in the bank, you make the Bank Dr. to Cash. 
When you draw a cheque, credit the bank and debit the person to 
whom, or the account for which, it has been issued. When you 
receive a cheque, make Cash Dr. to the person from whom, or the 
account for which, you received it. 

Cheques may either be journalized or put through the cash book. 
It is not necessary to credit each cheque singly. The cheques 
issued in a day or a week or a month may be credited in one sum to 
the bank. Four cheques were issued to-day, journalize them from 
the stubs as shown on page 47. 

Important Points in Connection with the Bills 
Receivable and Bills Payable Accounts. 

You. will find analyses of the above accounts at pages 22 and 23. 
I wish to emphasize here, and draw the student's special attention to 
the point, that when you retire your notes or acceptances, you should 
never charge Bills Payable account with more or less than the face 
of the instrument (the amount credited when issued) ; and that 
when a note or acceptance ac^ainst some one else is disposed of, Bills 
Receivable account should never be credited with more or less than 
the face of the instrument (the amount debited when received). 



You pay your note, face $500 and 
interest $5.00. 

You pay a note, face $600, before 
maturity, and get a discount of $10 oft". 



Examples. 

ENTRIES. 

Bills Payable Dr $500.00 

Interest "' 5.00 

To Cash 505.00 

Bills Payable Dr 600.00 

To Cash 590. CO 

" Discount 10.00 



Cash Dr 304.00 

To Bills Receivable. .. . 300.00 

" Interest 4.00 

Cash Dr 690.00 

Discount Dr 10.00 



You receive paymsnt of a note, face 
$300 and interest $4.00. 

You receive less than the face of a 
note when disposing of it ; face $700, 
discount allowed $10.00. To Bills Receivable 700.00 

If you carefully observe the^e instructions, you will find that the difference 
between the two sides of liills Payable account will always agree with the notes 
outstanding ; and the difference between the sides of Bills Receivable account will 
always agree with the notes on hand. When issuing a note (or acceptance) bearing 
interest, the entry is just the same as if it were not. because the interest is a 
matter for the future. 



47 



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48 

QUESTIONS FOR REVIEW. 



INTRODUCTORY. 



What is Common Law? What is Statute Law? From what has 
the Law relating to Bills of Exchange grown ? What is the Law- 
making power of merchants i<nown as ? Give two illustrations of 
the controlling effect of the Law-merchant. 

What are the commonest forms of contracts? Name the two 
kinds of contracts. How may Simple Contracts be made? How 
must Specialty Contracts be made ? What is essential in every Con- 
tract ? When sueing on a simple contract what must be proved ? 
Does this requirement apply to a Specialty Contract? What is the 
Statute uf Frauds and when was it passed ? It requires that certain 
simple contracts shall be in writing ; name the principal cases. 
What contracts must be not only in writing, but be under seal? 
What is a seal ? Who are competent to make a contract ? What is 
a minor? What must be attached to a contract with a corporation 
to make it binding? How is authority conferred upon an agent? 
In making a contract by correspondence wl.at is required ? When 
do contracts become outlawed ? What is the Dominion Statute 
called which codified the laws relating to Bills and Notes ? 



QUESTIONS FOR REVIEW. 



NOTES. 



State the three reasons that make it desirable to hold a note 
against a debtor. Explain the term " discounting a note." Give a 
definition of a Promissory Note. What is meant by a determinable 
future time? Name the parties to a note. How are notes 
transferred ? When may notes be transferred ? Explain a nego- 
tiable note ; a noie negotiable without indorsement ; a note nego- 
tiable by indorsement. Give the form of a non-negotiable note ; a 
note negotiable by indorsement ; a note negotiable without in- 



49 

dorsement ; a note payable on demand ; a joint and several note. 
Explain a joint and several note. Explain a Joint Note. What are 
the rifijhts of a third party in a negotiable note ? What are the rights 
of an assignee of a non-negotiable note ? Explain an accommodation 
note. Give an example, and state why it is made payable to the order 
of the indorser and not to the order of the lender. What may be done 
in regard to a lost note ? Discrepancy between words and figures, 
which is payable ? Name circumstances that do not invalidate a 
note. What is a holder in due course ? What must be done on a 
note given for a patent right .-* What is the effect of altering a 
note ? Explain what is meant by the legal rate of interest. Under 
what circumstances would you insert the woids, "as well after 
AS BEFORE MATURITY UNTIL PAID " in a note bearing interest ? 
What is a usury law ? What are days of grace ? When would a 
note drawn 3 months from October 26 fall due ? When would a 
note drawn at ninety days from October 26 fall due ? What is a 
power of attorney ? How does the holder of a power of attorney 
sign business papers for his principal ? What does the abbreviation 
per pro stand for ? When does a note become outlawed ? What is 
the Statute of Limitations ? What is the act of indorsing? What 
are its effects ? Explain indorsement in blank, and wnat may the 
holder do? Explain indorsement in full; qualified indorsement; 
restrictive indorsement ; indorsement for deposit only. How could 
you prove the payment of a note ? What is the order of indorsers' 
liability ? Explain guarantee on a note. Where should a note be 
presented for payment ? What are the proceeding to be taken to 
hold indorsers on a note not paid at maturity ? If the services of a 
notary cannot be obtained, who may perform his functions ? What 
is waiving protest ? Give examples. Why is it unnecessary to 
protest a note on which there is no indorser? What is noting? 
How should partial payments be acknowledged on notes ? When 
you have paid a note, what should you do with it ? When renewing 
your note, what should you receive ? What is a bill receivable ? What 
is a bill payable ? In book-keeping what are the accounts represent- 
ing notes called ? Analyse the bills receivable and bills payable 
accounts. Give the entries of the maker having a note renewed. 
Give the entries of the holder when renewing a note. Give the 
entries of each for partial renewals. Explain a Lien note. Which 
legislature deals with lien notes ? What is an I. O. U. ? 



QUESTIONS FOR REVIEW. 



DRAFTS. 



Give a definition of a Draft or Inland Bill. Explain the difference 
between a note and a draft. How many parties are there to a 
draft ? Name them. Explain each one's position. Which one 
accepts the draft ? What party to an acceptance stands in the same 
position as the maker of a note ? What party to a draft stands in 
the same position as the first indorser on a note ? To hold the 
drawer of a dishonored bill what must be done, and when ? Explain 
the theory of exchange. Give an example of a draft with three firms 
or i)ersons and two debts concerned. How is a draft payable ten 
days after sig/it accepted ? How is a draft payable ten days after 
ddfe accepted ? From what date do you reckon the maturity of a 
draft drawn ten days after sight ? From what date do you reckon 
the maturity of a draft drawn ten days after date? What is a draft 
called after it has been accepted ? Under what circumstances are the 
drawer and payee of a draft the same person ? To whose order is it 
made payable ? Give the drawer's entry for a time draft. Give the 
payee's entry. Give the drawee's entry. Give an illustration of 
exchange. State the acceptor's liability. State the drawer's liability. 
State the mdorser's liability. In case of dishonor, who may recover, 
and what ? What will be done when a drat't is dishonored ? How 
may protest be avoided if desired ? Give definition and requisites of 
acceptance. Explain what is due ijresentment for payment. What is 
the usual rate of bank commission for collecting drafts ? How will 
you ensure the collection of a definite sum when you cannot tell how 
much the exchange will be? Name the three kinds of drafts. 
Explain eich. To give a person four clear days to pay a draft, no 
matter how long it may take to reach him, how would you draw it ? 
To give him fifteen days ? To give him three days ? To give no 
time ? What is an accommodation draft ? What expression is used 
to describe this method of raising money ? How would you proceed 



51 

to obtain assistance by draft to retire an acceptance or note ? What 
is the object of a bank draft ? What does par mean? When is a 
draft called a foreign bill of exchange ? What was its origin ? Give 
an illustration of foreign exchange. How many bills are usually 
issued in a set of exchange ? Why is more than one issued? Give 
the form of the first bill in a set of exchange ? The second ? The 
third ? What is a letter of credit ? What is a circular letter of 
credit ? 



QUESTIONS FOR REVIEW. 



CHEQUES. 



Give a definition of a cheque. Give a form. How is a cheque 
drawn in order that it may serve as a receipt? What act of the 
payee would prove payment ? Explain what is an accepted cheque. 
What officer of the bank accepts it ? What officer of the bank 
pays it ? How is a cheque payable to bearer negotiated ? How 
is a cheque payable to order negotiated ? When should you indorse 
a cheque ? Why should cheques be numbered ? How should 
cheques be preserved ? How should you check the bank account ? 
If a discrepancy exists between the pass book, when balanced, and 
your account, how do you find the cause ? State a simple method 
of keeping daily track of your balance in bank. What is the rate 
of exchange charged on cheques ? When is it charged ? Cheques 
payable at par at another branch, explain. How will you take 
precaution against fraud ? How would you identify a payee ? 
What are crossed cheques ? Give journal entries for cheques. 
Put checjues through the cash book. State two important points in 
connection with Bills Receivable and Bills Payable accounts. 



ONTARIO BUSINESS COLLEGE 

MOST WIDELY ATTENDED BUSINESS COLLEGE IN AMERICA. 

TWENTY-FIFTH YEAR. 

W B. ROBINSON, J. W. JOHNSON, F. C. A, Principals. 

COLhVTRIES REPRESENTED BY THE STUDENTS. 

South America, 

DEMERARA (BRITISH GUIANA). 

The West Indies. 

TRINIDAD, 

BARBADOS, 

ST. VINCENT, 

ANTIGUA, 

BERMUDA. 

TURK'S ISLAND, 

GRENADA, 

Newfoundland, 

ST. JOHN'S. 
FORTUNE BAY. 

Canada, 

PRINCE EDWARD ISLAND, 

NOVA SCOTIA, 

NEW BRUNSWICK, 

QUEBEC, 

ONTARIO (every county), 

MANITOBA, 

ASSINIBOIA, 

ALBERTA, 

BRITISH COLUMBIA. 

United States, 

MAINE, MASSACHUSETTS, 
NEW HAMPSHIRE, VERMONT, 
NEW YORK (City and State), MICHIGAN, 
PENNSYLVANIA, ILLINOIS, 
MINNESOTA, WISCONSIN, 
MONTANA, TP:XAS, 
CALIFORNIA, DAKOTA, 
NEVADA, WASHINGTON. 
The high standing and reputation o f Ontario Business College, Belle- 
ville, by which it secures an attendance unefpUed in any similar institution, 
have been attained by the thoroughness of its worlc and the success of its 
graduates. 

Send for Circulars. 



"THE CANADIAN ACCOUNPANT," 

By the Principals of Ontario Business College. 



10th EDITION NOW IN PRESS, 



This is the text book ot Ontario Business College. Belleville. It 
is the most comprehensive and practical, and most easily understood 
of all the advanced works on Book-keeping and Accounts pub- 
lished, and has a wider demand than any similar book published in 
the English language. 

It covers the ground of Book-keeping by Double and Single Entry, 
Business Forms and Papers, Banking, Business Correspondence, 
Commercial Law, Practical Computation, etc., etc., and illustrates 
and explains Counting House Work, and innumerable Business 
Transactions, not dealt with in any similar book. 

Extensive practical experience in office work in Canada and the 
United States, practice as public accountants, and the management 
of the largest and most successful Business College in the Dominion 
are among thg qualifications of the Authors. 

It is the best Text Book for the Teacher and Student of 
Accounts, 

It is the best Book of Reference for the Practical Accountant and 
Extensive Business Man. 

It is a Mine of Business Knowledge for the Country Merchant. 

336 Octavo Pages. Price $2.00 post paid. 

Address, ROBINSON & JOHNSON, 

Ontario Business College, Belleville, Ont., Canada. 



JUST PUBLISHED. 






THE SIXTH EDITION OF 

croiin^soisr's 




iBi 




B'S' cr. AV". cromsrsoKT, f. c -«^. 

The first portion of the work is devoted to the laws affecting Joint 
Stock Companies, and to the methods of form-ng tlicni. 

The second portion of the work illustrates in a comprehensive 
manner the system of properly recording the transactions throughout 
a year, and arriving at the accurate results, auditing and presenting 
statements of the business of a Joint Stock Company, by methods 
which the author has matured from long practical knowledge and 
experience as an accountant and auditor in large business centres, 
and later as a teacher of accounts. In addition to this, much 
valuable information is given, and explanations are made regarding 
technical matters specially appertaining to Joint Stock Companies. 

Since the first edition was published the author has had the most 
gratifying evidence from all parts of Canada and the United States, 
that the work has proved to be what it was intended foi» — an efficient 
aid and instructor in conducting the office work of a Joint Stock 
Company. The sale of the book now extends from the Atlantic to 
the Pacific throughout both countries. The evidence of its merit is 
the fact that six editions have been issued to meet the demand 
for it. 

In the present edition, as in previous ones, new and practical 
subjects have been added, and others enlarged upon. 

The work contains 135 octavo pages. Price $1.25, post paid. 

ADDRE.SS, ROBINSON & JOHNSON, 

Ontario Business College, 
"— ~" Belleville, Ont.