The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1885-11-18
DIGEST OF HAWAIIAN LAWS.
BY VI. Thompson, of the Honolulu
Bar.

and NOTES, ETC.
The parties to bill Of exchange are
the drawer, the drawee, the acceptor and
the payee. Other persons connected
with a bill in case Of transfer are the
indorser, indOrsee and holder 1t some
times happens that one or more Of the
apparent parties to a bill are fictitious
persons. The rights OF a bona fide
holder are not thereby prejudiced.
Where the payee and indorser are ficti-
tious z III. b., IS; 3 Term, ia;
Camp, 100; - Yes. Oh, 81 40 n. H.,
26), or where the drawer aud payee are
both fictitious 10 T. and c., 1863, and
all the various parties need not be differ
ent persons. Us Ala, rs; Story, 22.)
The qualifications of parties who are to
be made liable by the making or trans
fer of bills are the same as in case of
other contracts. The bill must be writ
ten. q Pardessus, 344; Str, 955.)
1t should be properly dated, both as to
place and time of making Deans,
Lex Mere, pl. 3 , Paroles, 80 b. 81
c., $685. But see so Vt, II; 7 Cow,
S37 If not dated, it will be considered
as dated at the time it was made. CD
india, 375.) Bills are sometimes ante,
or post dated for convenience. Is S. r.,
425.)
The superscription OF the sum for
which the bill is payable will aid an
omission in the bill, but is not indispens-
able. q East, pl. Or, 951; r. l., 1881
The time or payment should be ex
pressed but if no time is mentioned, it
is considered as payable on demand. &
T. R., 427; ? B. q c., 157; 3 Watts, 339.)
The place OF payment may be pre-
scrbed by the drawer (Beames Tex.
Mer. Pl., 3; G. B., 433), or by the
acceptor on his acceptance (Chitty,
Bills, 172; 3 Jur., 34 Barb, 652);
but is not, as a general practice, in which
last case, the bill is considered as
payable and to be presented at the
usual place of business of the drawee
III Penn, 456), at his residence, where
it was made, or to him personally any
where. 90 B. & c., 4; NJ. & NJ, 381
4C. & P, So Such an order or request
to pay must be made as demands a
right, and not as asks favor. IN. & M,
IL 1t must be absolute, and not con-
tingent g Mod, 1863; t Yes. CHI. 372;
2 B. & Aid, AZ; 5 Term, 4S2; 4 Wend.,
275; II Mass, 14.) Mere civility in
the terms does not alter the legal effec ct
of the instrument.
The word pay is not necessary; de-
liver is generally operative q Id. Raym.,
1897; 8 Mod, 364), as well as other
words @ c. B., 500; but they must be
words requiring payment. 90 AID. &
c., 98.)
Each of the duplicate or triplicate (as
the case may be- bills of a set of foreign
exchange contains u provision that the
particular bill is to be paid only if the
others remain at the time unpaid q
Paroles, 342), and all the parts of the
set constitute but one bill. & Johns,
~; Dali, 134) a bill should
designate the payee; III Barb, pa; IL
Ga, 90; 80 Miss, 122; Is ILL.,, 169) but
when no payee is designated, the holder
by Endorsement may fill the blank with
his own name. q NJ. 6, s., 90; 4 Camp,
81; Ala, N s., So; and if payable to
the bearer it is sufficient. g Burr,
$3.50. To make it negotiable it mgst
be payable to the order OF the payee or to
bearer, or must contain other equivalent
and operative words of transfer. q
Salk., 1872; 6 Term, 1913; l Dali, 1914;
Gill, 34S; l Ohio, 272). In England
and the United States negotiability is
not essential to the validity of a bill
a Kent, rs; 6 Term, 1913; 8 Johns,
2l7; 81 Penn, SOC; 8 Wall, 544,
though it is otherwise in France. q
Paroles, II. 339).
The sum for which the bill is drawn
should be written in full in the body of
the instrument, as the words in the body
govern in case of doubt 5 Bling, n. c.,
425; Blacl1f., IA; l r. l., $685. the
marginal figures are not a part of the
contract, but mere memorandum. Il
r. l., 39S; 98 Mass, 12). The amount
must be fixed and certain, and not con-
tingent q Salk., 375 , Mills, 442). 1t
must be payable in money, and not in
merchandise & Johns, 321, 461; II
Me, 1913; n H., 159; Conn, no;
n. & .McC., 25H and is not negotiable
if payable in bank bills or in currency,
or other substitutes for legal money of
similar denominations. q Mel, 10; 8
Wend., IL; II VT, PCS; Mo, 595;
held otherwise i'll 10 Ohio, rs; II Miss,
457; Mo, 697; Ark, 255.) 1t is not
necessary, however, that the money
should be current in the place of pay
ment, or where the bill is drawn; it
may be in the money of any country
whatever. (27 Mich, 1913; % Wend.,
IL But it is necessary that the instru
ment should express the specific denomi
nation of money when payable in the
money OF foreign country, in order that
the Courts may be able to ascertain its
equivalent value, otherwise it is not ne
gotiable. Il Dan. Neg. Inst, sec. So
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