This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ...facts certified by the notary, and in the absence of contradictory proof, sufficient to charge the endorser. Oaono Banx I-'Woon, 5 Ilubbard, p. 26. In this State, likewise, the notary's certificate is, primd facir, sufiicient, but not so conclusive, as to exclude explanatory or contradictory evidence. Ib., p. 26. In an action against the endorser of the draft, the holder will be entitled to dmnages at the rate of six per cent., additional to the contents of the bill and interest; for the statutes of 1841 and 1857 are not materially variant; the difference in phraseology was only for the purpose of condensation. Ib. 26. The owner of a promissory note may maintain an action thereon in the name of a third person, by his consent. Pa'rrsn v. Mosss, 5 Hubbard, p. 255. An endorsement of a promissory note payable to an insurance company, by one who has been their president, and who acts as such in making the endorsement, passes the title to the endorsee, especially when the company receives and converts to its use the avails of the note. Ib., p. 255. 27. A parol promise to accept an order from a debtor in favor of his creditor, between whom and the maker of the promise there has been no privity, is within the statute of frauds as a promise to pay the debt of another. PLUMMER. 11. LYMAN, 5 Hubbard, p. 229. Although a written promise to accept a non-existing bill operates as an acceptance, if the bill is drawn within a reasonable time, a verbal _promise to accept such a bill is not valid. 1b., p. 229. VVhere A. has a lien on a vessel for materials used in building it, and B. holds the vessel to secure him for advances made to the builder, a promise made by B. to accept the order of the builder in favor of A., for the amount of his claim, ...