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As to, generally, see n«)ti> § 2114 ante; nlso 3 L. 647; 4 \,. 732:
11 L. 347; 26 Encyc. L. 1079.

As to actual possession by vendee necessary t» defeat right,
see 60 A. R. 52.

As to attachment during transit, effect of, see 19 A. R. 91.

1525



§ 3076 CIVIL CODE. tDiv.III,Pt.IV.

As. to attachment, execution, or other lien against purchaser
not defeating right, see 29 A. D. 393.

As to bill of lading in hands of holder as evidence of own-
ership, see Kerr's Cyc. C. C. §2126 and note par. 3; 29 A. D.
392, 393; 19 A. R. 91, 92.

As to carrier, when agent of vendee, see 29 A. D. 391.

As to consignor's lien for unpaid purchase price of goods, see
Kerr's Cyc. C. C. § 2118 and note par. 11.

As to effect of vendor's taking note as security, see 29 A. D.
387.

As to exercise of right by factor, see 29 A. D. 385.

As to exercise of right of stoppage in transitu, who entitled
to, see 29 A. D. 385; 19 A. R. 87, 88.

As to note, taking of, as security, part payment, etc., see 29
A. D. 387.

As to origin of right of stoppage in transitu, see 29 A. D. 388.

As to part payment not defeating right, see 29 A. D. 387.

As to right of consignor being favored, see 19 A. R. 87.

As to right of stoppage in transitu, origin of, etc., see 29 A.
D. 384.

As to rights and equities of bona flde assignee of bill of
lading, see Kerr's Cyc. C. C. § 2127 and note.

As to rights of vendee after stoppage in transitu, see 19 A.
R. 87.

As to stoppage in transitu against assignee of bill of lading
in good faith and in usual course of business, see Kerr's Cyc.
C. C. § 2118 and note par. 10.

As to stoppage in transitu in general, see 3 L. 647; 11 L. 347.

As to surety not entitled to exercise right, see 29 A. D. 385.

As to time in which right of stoppage in transitu may be ex-
ercised, see Kerr's Cyc. C. C. § 2118 and note par. 13.

As to transit, when begins, see 29 A. D. 387.

As to transit, when ends, see Kerr's Cyc. C. C. § 3078 and
note.

As to vendor or quasi vendor being only person who may
exercise right, see 29 A. D. 385, 386.

As to waiver of right by attachment or execution, see Kerr's
Cyc. C. C. § 3079; 50 L. 721.

As to warehouse receipt, delivery or sufficient prima facie
to pass title, see Kerr's Cyc. C. C. § 2128 and note par. 4.

Accrual of right of— As to, generally, see 26 Encyc. L. 1084.

Same — Buyer must be insolvent. — See 26 Encyc. L. 1089.

Same — Goods must be in transit. — See 26 Encyc. L. 1086.

Same — Goods must be unpaid for. — See 26 Encyc. L. 1084.

Definition of.— See 23 A. D. 607; 77 A. D. 284; 22 A. S. 711; 75
A. S. 26; 11 L. 347; 26 Encyc. L. 1079; 7 W. & P. 6669.

Effect of exercise of right of. — See 34 A. S. 531; 26 Encyc. L.
1117.

1526



Tit.XIV.Ch.Vir.] INSOLVENCY OF CONSIGNEE. § 3077

Exercise of right of. — See 77 A. D. 284; 26 Encyc. L. 1114-
1117.

In consig-nment for sale. — See 43 Cent. Dig. col. 1137, §826.

In insolvency of buyer — As to, generally, see 43 Cent. Dig.
col. 1138, § 827.

Same — Evidence of insolvency. — See 43 Cent. Dig. col. 1139,
§ 830.

Same — Knowledge by seller of insolvency. — See 43 Cent. Dig.
col. 1139, § 829.

Same — Where sale is on credit. — See 43 Cent. Dig. col. 1138.
§ 826.

In sale on credit and non-payment of price. — See 43 Cent.
Dig. col. 1137, § 825.

Liability of carrier — For refusal or failure to stop goods In
transitu. — See 9 Cent. Dig. col. 198, § 246.

Same — To consignee or purchaser from consignee. — See 9
Cent. Dig. col. 201, § 250.

Limitation of right of. — See 26 Encyc. L. 1083.

Loss of right of. — See 2 Obiter Dig. 755.

Power of consignor to stop delivery. — See 9 Cent. Dig. col.
198, §245; 4 Decen. Dig. p. 125, §74.

Right of carrier to retain goods for charges due by con-
signee. — See 9 Cent. Dig. col. 199. § 247.

Right of stoppage in transitu — As between seller and buyer. —
See 43 Cent. Dig. col. 1136, §§824 et seq.; Decen. Dig. tit.
"Sales." §§ 289-299.

Same — Nature of right of, in general, see 41 A. R. 247: 43
Cent. Dig. col. 1136, §824; 26 Encyc. L. 1079; 48 L. 50.

Same — When and by whom may be exercised. — See 29 A. D.
384; 19 A. R. 87; 1 A.S. 312.

Same — When terminates. — See 60 A. R. 51.

Right of, waiver of by attachment, etc. — See 50 L. 721.

Termination of right of — As to generally, see 29 A. D. 489; 60
A. D. 188; 75 A. S. 26: 26 Encyc. L. 1091-1114; 7 W. & P. 6671.

Same — Where there has been constructive delivery only. — See
33 A. D. 617.

When right exists. — See 2 Obiter Dig. 754.

§8077. WHAT IS INSOLVENCY OF CONSIGNEE. A per-
son is insolvent, within the meaning of the last secti<in, when
he ceases to pay his debts in the manner usual with persons
of his business, or when he declares his Inability or unwilling-
ness to do so.

HiNtoryt Enacted March 21, 1S7J.

See Kerr's Cyc. C. C. for 12 pars, annotation.
54 F. 306, 309 (cited).

1527



§ 3078 CIVIL CODE. [Div.III,Pt.IV.

As to insolvency, what constitutes, etc., see 29 A. D. 386, 387.
As to many miscellaneous matters as to stoppage in transitu,
see note § 3076, ante.

§ 3078. TRANSIT, WHEJT ENDED. The transit of property
is at an end when it comes into the possession of the consignee,
or into that of his agent, unless such agent is employed merely
to forward the property to the consignee.

HLstory; Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 37 pars, annotation.

3 C. A. 519, 522, 86 P. 615 (applied with other sections); 54
F. 306, 309 (cited).

As to many miscellaneous matters as to stoppage in transitu,
see note § 3076, ante.

As to acts of ownership as evidence of delivery and posses-
sion, see 29 A. D. 391, 392.

As to bill of lading- as symbol of property respecting delivery,
see Kerr's Cyc. C. C. § 2126 and note par. 2.

As to capacity in which carrier receives goods as determin-
ing when transit ends, see 60 A. R. 51-55.

As to carrier exonerated by delivery according to bill of
lading, see Kerr's Cyc. C. C. § 2131 and note.

As to consignee allowing goods to remain in carrier's hands,
effect of, etc., see 60 A. R. 51.

As to constructive delivery defeating right, see 60 A. R. 52.

As to delivery ending transitus, see 29 A. D. 389, 390.

As to delivery of bill of lading, effect of, see Kerr's Cyc. C.
C. § 2128 and note par. 2 and § 3076 and note pars. 37-44.

As to delivery on board vessel or other vehicle of vendee, see
29 A. D. 388.

As to delivery, what constitutes, etc., see 60 A. R. 52.

As to goods awaiting vendee's further orders, see 29 A. D.
390.

As to goods in warehouse, relative rights of consignor and
consignee, etc., see 29 A. D. 388.

As to many miscellaneous matters as to stoppage in tran-
situ, see note § 3076, ante.

As to non-delivery being essential ground of right, see 60
A. R. 52.

As to part delivery, see 29 A. D. 391.

As to right of stoppage in transitu, delivery, etc., see 19
A. R. 84.

As to right of stoppage in transitu, how long right con-
tinues, see 1 A. S. 312.

As to transit, beginning and end of, etc., see 29 A. D. 387-
391; 19 A. R. 90, 91; 60 A. R. 57.

As to vendee's refusal to receive goods, see 29 A. D. 392.

1528



Tit.XIV.ch.VII.] EFFECT OF STOPPAGE. g 3Qj^g

§3079. STOPPAGE, HOAV EFFECTED. Stoppage ii
can be effected only by notice to the carrier or depo.
of the property, or by taking actual possession thereof.

HiNtory: Enacted March 21, 1S72. '

See Kerr's Cyc. C. C. for 11 pars, annotation.

3 C. A. 519, 522, 86 P. 615 (applied with other sections): 54
F. 306, 309 (cited).

As to bill in equity to enforce right of stoppage in transitu,
see 29 A. D. 284.

As to deliverj' after notice of stoppage, see 29 A. D. 394.

As to injunction to aid right, see 19 A. R. 92.

As to many miscellaneous matters as to stoppage in transitu,
see note § 3076, ante.

As to notice to carrier, see 1 A. S. 313.

As to notice to agent of carrier being notice to carrier, see .
Kerr's Cyc. C. C. § 2118 and note par. 12.

As to stoppage, how effected, see 29 A. D. 393, 394.

As to stoppage in transitu, how exorcised, see 1 A. S. 312,
314.

As to sufficiency of exercise of right of stoppage in tmnsitu,
see 77 A. D. 288.

As to suing for price of goods, see 29 A. D. 387.

§ 3080. EFFECT OF STOPPAGE. Stoppage in transit does
not, of itself, rescind a sale, but is a means of enforcing the
lien of the seller.

HlNtory: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.
As to many miscellaneous matters as t<> stoppage in tr.ansitu,
see note § 3076, ante.



1629



As to


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§ 3078 CIVIL, CODE. CDiv.III,Pt.IV.

TITLE XV.

riABLE INSTRUMENTS.

e Instruments in General, §§ 3086-3165.
Ixchange, §§ 3171-3238.
T Notes, §§ 3244-3248.
§ 3254, 3255.
V. Bank Notes, and Certificates of Deposit, §§ 3261,
3262.



CHAPTER I.

NEGOTIABLE INSTRUMENTS IN GENERAL.

Article I. General Definitions, §§ 3086-3095.

II. Interpretation, §§ 3099-3104.

III. Indorsement, §§ 3108-3125.

IV. Presentment for Payment, §§ 3130-3137.
V. Dishonor, §§ 3141-3151.

VI. Excuse of Presentment and Notice, §§3155-3160.
VII. Extinction, §§ 3164, 3165.



ARTICLE I.

GENERAL DEFINITIONS.

§ 3086. To what instruments this title is applicable.

§ 3087. Negotiable insti'ument, what.

§ 3088. Must be for unconditional payment of money. Attor-
ney's fees and costs.

§ 3089. Payee.

§ 3090. Instrument may be in alternative.

§ 3091. Date, etc.

§ 3092. May contain a pledge, etc.

§ 3093. What it must not contain.

§ 3094. Date.

§3095. Different classes of negotiable instruments.

§ 3086. TO WHAT INSTRUMENTS THIS TITLE IS APPLI-
CABLE. The provisions of this title apply only to negotiable
instruments, as defined in this article.

History: Enacted March 21, 1872.
1530



I



Tit.XV,ch.I,art.I.] BILLS, BONDS. NOTES. ETC. §3086

See Kerr's Cyc. C. C. for 3 pars, annotation.
94 C. 141, 145, 29 P. 866 (construed).

NEGOTIABLE INSTRUMENTS — GENERALLY.

As to bills of excliang-e, see Kerr's Cyc. C. C. §§3095, 3171 i-i
seq. and notes; also note § 3171, post.

As to bonds, bank notes, and certificates of deposit, see Kerr's
Cyc. C. C. §§ 3261 et seq. and notes.

As to checks, see Kerr's Cyc. C. C. §§ 3254 et seq. and notes;
also note § 3254, post.

As to dislionor of negotiable instruments, see Kerr's Cyc. C.
C. §§ 3141 et seq. and notes.

As to excuse of presentment and notice, see Kerr's Cyc. C. C.
§§ 3155 et seq. and notes.

As to extinction of negotiable instruments, see Kerr's Cyc.
C. C. §§ 3164 et seq. and notes.

As to indorsement of negotiable instruments, see Kerr's Cyc.
C. C. §§ 3108 et seq. and notes.

As to interpretation of negotiable instruments, etc., see Kerr's
Cyc. C. C. §§ 3099 et seq. and notes.

As to presentment of negotiable instruments for payment, see
Kerr's Cyc. C. C. §§ 3130 et seq. and notes.

As to promissory notes in general, see Kerr's Cyc. C. C. §§ 3244
et seq. and notes; also note § 3244, post.

As to what instruments in form negotiable by additional pro-
visions become non-negotiable. — See 25 L. 363; 5 W. & P. 4768.

Bill of lading as. — See note § 2126, ante; 32 A. D. 541; 93 A. I).
208; 9 A. S. 504; 27 A. S. 861; 54 A. S. 672; 82 A. S. 771; 1 L.
650; 50 L. 235; 20 L. ed. 779; 25 L. ed. 892; 38 L. ed. 944; 1 \V.
& P. 791.

Bonds issued by railroad company as. — See 1 L. 299.

Bottomry bond as a. — See note §3007, ante; 5 W. & P. 4768.

Certificate of deposit as a. — See 2 W. & P. 1030.

Certificate of stock as a. — See 2 W. & P. 1032.

Commercial law, in general. — See 2 Obiter Dig. 317.

County of school warrant as a. — See 11 A. S. 327; ."i \V. AL- V.
4768.

Coupons detached from bond as. — See 1 L. 299.

Definition of.— See 49 A. R. 705; 74 A. S. 582; 80 -V. i^. •1»U .
21 Encyc. L. 525; 8 L. 393; 25 L. 363; 52 L. 363; 5 W. & P. 4767.

Draft 'or order as a. — See 51 A. S. 402; 32 L. 590; 5 W. & P.
4768.

Execution, delivery and transfer — Consideration. — See 2 Obiter
Dig. 320.

Same— Delivery.— See 2 Obiter Dig. 320.

Same — Negotiation and transfer — As to generally, see 2 Obiter
Dig. 320.

Same — Same — Bona fide purchaser, who is. — See 2 Obiter Dig.
321-324.

1531



§ 3086 CIVIL CODE. [Div.III.Pt.IV.

Same — -Same — Presumption as to bona fide holding and when
burden of proof shifts. — See 2 Obiter Dig. 324-326.

Same — Parties. — See 2 Obiter Dig. 319.

Form of action on. — See 14 Encyc. P. 369.

Joinder of cause of actions in suits on. — See 14 Encyc. P.
585.

Joinder of party plaintiff in actions on. — See 14 Encyc. P.
442-445.

Letter of credit as a. — See 5 W. & P. 4768.

Municipal bonds as. — ^See 25 A. R. 273; 28 L. ed. 938; 5 W. •& P.
4768.

Nature of instrument. — See 2 Obiter Dig. 317-319.

Negotiable words. — See 21 Encyc. L. 525.

Parties defendant in actions on. — See 14 Encyc. P. 445-461.

Parties plaintiff in actions on.- — See 14 Encyc. P. 380-441.

Pleading and practice. — See 14 Encyc. P. 462-582; 2 Obiter
Dig. 348.

Pleading or answer in actions on. — See 14 Encyc. P. 588-686.

Proceedings in actions on after issue joinder. — See 14 Encyc.
P. 690-706.

Promissory notes as. — .See note § 3244, post.

Railroad bond as. — See 5 W. & P. 4769.

Rights, duties and liabilities of parties — In general, see 2
Obiter Dig. 326.

Same — As to payment or discharge.— See 2 Obiter Dig. 326.

Same — Acceptance, relation and liability of party on. — See 2
Obiter Dig. 327-329.

Same — Accommodation paper and discounting.— See 2 Obiter
Dig. 332.

Same — Defenses as between immediate parties. — See 2 Obiter
Dig. 348.

Same — Effect of negotiation and defenses. — See 2 Obiter Dig.
343-346.

Same — ^On indorsement. — See 2 Obiter Dig. 329-332.

Same — Papers stolen fraudulently diverted and forged. — See
2 Obiter Dig. 346-348.

Same — Presentment, demand and notice — Evidence. — See 2
Obiter Dig. 342.

Same — Same— Method and sufficiency of. — See 2 Obiter Dig.
336-342.

Same — Same — Necessity in general. — See 2 Obiter Dig. 333-
336.

Savings bank deposit pass book as. — See 45 A. R. 653; 5 W.
& P. 4769.

Simultaneous and successive suits on. — See 14 Encyc. P. 367.

Six classes of. — See 40 A. R. 705; 5 W. & P. 4767.

United States bonds or notes as. — See 22 L. ed. 609; 5 W. & P.
4769.

1532



>



Tit.XV,ch.I,ait.[.] DEFINITION. §3087

Venue in actions on. — See 14 Encyc. P. 377.
Warehouse receipts as. — See note § 2986, ante; 89 A. D. 350;
50 A. R. 475; 5 W. & P. 4770.



§3087. NEGOTIABLE INSTRUMENT, WHAT. A nego-
tiable instrument is a written promise or request for the pay-
ment of a certain sum of money to order or bearer, in con-
formity to the provisions of this article.

History: Enacted March 21, lS7i'.

See Kerr's Cyc. C. C. for 22 pars, annotation.

55 C. 564, 566 (meaning of "instrument" — it does not embrace
what): 64 C. 388, 391, 49 A. R. 705. 1 P. 349, 351 (construed and
applied); 68 C. 545, 548, 9 P. 942, 944 (provision in note, for pay-
ment of reasonable attorney's fee, destroys its uegotialtility ) : 81
C. 303, 327, 22 P. 665, 673 (construed as not applying): 82 C.
636. 639, 23 P. 53, 54, 7 L. 224 (construed and applied witli
post § 3093) ; 103 C. 319, 324, 42 A. S. 117, 37 P. 401 (construed as not
applying); 131 C. 385, 386, 63 P. 694. 695 (construed as not ap-
plying); 51 F. 840, 848 (what does not deprive bond of ne-
gotiable quality).

As to alterations in negotiable instruments, see 17 A. R.
97-106; 79 A. D. 754.

As to attorney's fee, provision for in instrument, as affect-
ing question of negotiability, see Kerr's Cyc. C. C. § 3088 and
note par. 2.

As to condition not certain of fulfilment destroying nego-
tiability, see Kerr's Cyc. C. C. § 3088 and note.

As to fictitious payees, see Kerr's Cyc. C. C. §§ 3102, 3103
and notes.

As to indorsement in general, see Kerr's Cyc. C. C. ii 31 OS
et seq. and notes.

As to indorsement, etc., when persumed to be made for valu-
able consideration, see Kerr's Cyc. C. C. § 3104 and note.

As to indorsements of negotiable instruments. In due course
for value, and before maturity, etc., see Kerr's Cyc. C. C. | 3123
and note.

As to many miscellaneous matters as to negotiable Instru-
ments, see note § 3086, ante.

As to negotiable Instruments given for accommodation, see
31 A. S. 745-757.

As to negotiable Instruments in general, see 14 A. D. 421-427.

As to negotiable Inslrximent In blank, see Kerr's Cyc. C. C.
§ 3125 and note.

As to negotiable Instrument made payable to order of ficti-
tious person, effect of, see Kerr's Cyc. C. C. $ 31">3 and note.

1533



§§ 3088, 3089 CIVIL CODE. [Div.III,Pt.IV.

As to negotiable instruments procured through fraud and
misrepresentation, see 41 A. R. 607-611.

As to non-negotiable notes, see Kerr's Cyc. C. C. § 1459 and
note.

As to notes written in pencil, see 41 A. D. 755.

As to rights of indorsee of negotiable instrument in due
course, see Kerr's Cyc. C. C. § 3124 and note.

As to words "to order" and "to bearer," see Kerr's Cyc. C. C.
§ 3101 and note.

§3088. MUST BE FOR UNCOJfDITIONAL PAYMENT OF
MONEY. ATTORNEY'S FEES AND COSTS. A negotiable
instrument must be made payable in money only and without
any condition not certain of fulfilment, except that it may pro-
vide for the payment of attorney's fees and costs of suit, in
case suit be brought thereon to compel the payment thereof.

History: Enacted March 21, 1872; amended March 10, 1905,
Stats, and Amdts. 1905, p. 96, by adding exception as to attor-
neys' fees and costs.

See Kerr's Cyc. C. C. for 26 pars, annotation.

74 C. 593, 596, 16 P. 505, 506 (applied); 82 C. 636, 639, 23 P.
53, 54, 7 L. 224 (construed and applied); 133 C. 681, 685, 65 P.
1110 (construed and applied); 51 F. 840, 848 (what does not
deprive bond of negotiable quality).

As to action upon negotiable promissory note or bill of ex-
change transferred in good faith, etc., before maturity, not being
subject to set-off or other defense, see Kerr's Cyc. C. C. P. § 368
and note.

As to assignment and transfer of note and mortgage and
right of set-off or defense of assignee on non-negotiable in-
struments, see Kerr's Cyc. C. C. P. § 368 and note.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

§ 3089. PAYEE. The person to whose order a negotiable
instrument is made payable must be ascertainable at the time
the instrument is made.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

51 F. 840, 848 (what does not deprive bond of negotiable
quality).

As to indorsement in general, see Kerr's Cyc. C. C. §§ 3108
et seq. and notes.

1534



i



Tit.XV,ch.I,art.I.] INALTERNATIVE— DATE. §§ 3090. 3091

As to indorsement wholly or partly blank, effect of, see
Kerr's Cyc. C. C. § 3125 and note.

As to many miscellaneous matters as to negotiable Instru-
ments, see note § 3086, ante.

As to negotiable instrument made payable to order of
maker, or of fictitious person, see Kerr's Cyc. C. C. § 3102 and
note.

As to negotiable instruments executed in blank, seo 2 A. R.
341. 342; 11 A. S. 316-318.

As to wrongfully filling blank in negotiable instrument, see
11 A. S. 316-318.

§3090. INSTRUMENT MAY BE IN ALTERNATIVE. A

negotiable instrument may give to the payee an option between
the payment of the sum specified therein and the performance
of another act; but as to the latter, the instrument is not
within the provisions of this title.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to many miscellaneous matters as to negotiable Instru-
ments, see note § 3086, ante.

As to negotiable instrument, requirement that same must
be made payable in money only, see Kerr's Cyc. C. C. § 3088 and
note.

§ 3091. DATE, ETC. A negotiable instrument may be with
or without date, and with or without designation of the time
or place of payment.

HIiHfory: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 5 pars, annotation.

51 F. 840, 848 (what does not deprive bond of n.prntlMble
quality).

As to antedating nc-gotialilo Instrument, soe Kerr's Cyc. C. C.
§ 3094 and note.

As to date of negotiable instrument, whether past, pn^sont.
or future, sec Kerr's Cyc. C. C. § 3094 and note.

As to indorsement, liability of indorsers, etc., see Kerr's
Cyc. C. C. U 3108 et seq. and note.

As to many miscellaneous matters as to negotiable Instru-
ments, see note S 30S6, ante.

As to negotiable instrument not specifying time of payment
being payable Immediately, see Korr's Cyc. C. C. § 3099 and
note.

1535



§§ 3092, 3093 CIVIL CODE. [Div.III,Pt.IV.

As to place of payment, see Kerr's Cyc. C. C. §§ 3100, 3130,
3131 subd. 4 and notes.

As to place of payment of negotiable instruments in general,
see Kerr's Cyc. C. C. §§ 3100, 3130, 3131 subd. 4 and notes.

As to time of payment, see Kerr's Cyc. C. C. § 3248 and note.

§3092. MAT CONTAIJf A PLEDGE, ETC. A negotiable
instrument may contain a pledge of collateral security, with
authority to dispose thereof.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 3 pars, annotation.

As to diligence required for collection upon collateral se-
curity given with negotiable paper, see 34 A. D. 451, 452.

As to foreclosure of redemption by judicial sale of pledged
property, see Kerr's Cyc. C. C. § 3011 and note.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

As to pledgee's authority to sell property pledged, see Kerr's
Cyc. C. C. §§ 3000-3007 and notes.

As to pledgee's riglit to purchase property pledged, see Kerr's
Cyc. C. C. § 3010 and note.

As to power of sale conferred by mortgage upon mortgagee
or any other person, and exercise thereof, see Kerr's Cyc. C. C.
§ 2932 and note.

As to sale by order of pledgeor of pledged property before
claim of pledgee is due, see Kerr's Cyc. C. C. § 3009 and note.

As to surplus upon sale of pledged property, disposition of,
see Kerr's Cyc. C. C. § 3008 and note.

As to title of pledged property, see Kerr's Cyc. C. C. §§ 2888
and 2986 and notes.

§ 3093. WHAT IT MUST NOT CONTAIN. A negotiable in-
strument must not contain any other contract than such as is
specified in this article.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

64 C. 388, 391, 49 A. R. 705, 1 P. 349, 351 (cited); 68 C. 545,
548, 9 P. 942, 944 (provision in note, for payment of reasonable
attorney's fee, destroys its negotiability); 82 C. 636, 639, 23 P.
53, 54, 7 L. 224 (construed and applied with §3087); 131 C.
385, 386, 63 P. 694 (construed and applied with §3087); 133 C.
681, 685, 65 P. 1110 (applied); 51 F. 840, 848 (what does not de-
prive bond of negotiable quality).

1536



Tit.XV,ch.I,art.I.] DATE— CLASSES. §§ 3094. 3095

As to attorney's fees, stipulations in note for, etc., see Kerr's
Cyc. C. C. § 3088 and note par. 2.

As to many miscellaneous matters as to negotiable instru-
ments, see note 8 3086, ante.

As to negotiable Instruments giving payee option between
payment and performance of another act, see Kerr's Cyc. C. C.
§ 3090 and note.



§ 3094. DATE. Any date may be inserted by the maker of
a negotiable instrument, whether past, present, or future, and
the instrument is not invalidated by his death or incapacity
at the time of the nominal date.

HlMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 7 pars, annotation.
145 C. 82, 84, 78 P. 340 (construed).

As to many nil.scfllaneous matters as to negotiable instru-
ments, see note § 3086, ante.

§ 3005. PIFFEREM (LASSES {)¥ >E(J<rHAHI,E INSTHl.

MENTS. There are six classes of negotiable instruments,
namely:

1. Bills of exchange;

2. Promissory notes;

3. Bank notes;

4. Checks;
0. Bonds;

fi. Certificates of deposit.

IliHtoryi Enacted March 21, 1S72.

.Si'c Kerr's Cyc. C. C. for 6 par."?, annotation.

64 C. 388, 391, 49 A. R. 705. 1 P. 349. 351 (clt.>d»: 77 C. 63R.
641. 11 A. S. 327. 20 P. 294. 295 (construed and applied); 130 C.
542, 548, 62 P. 1059 (construed and applied).

As to b.nnk-notes, see Kerr's Cyc. C. C. f 3261 and note.

A.s to bills of exchange, see Kerr's Cyc. C. C. H 3171 el neq.
and notes.

As to bills of lading, negotiability of, sec K«rr's «'>.-. C. C.



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