survivorship, must be stated in the complaint. If the note were made to the surviving partner only, although the consideration proceeded from the partnership, it will not be necessary to state the death of the deceased partner, and the survivorship of the plaintiff. When the action is commenced by a surviving partner, the facts showing the right of the surviving partner to sue in his own name are set forth in the following form: (Title.) (Commencement.) I. That on the 8th day of June, 1865, the plaintiff and one John Foster were partners, doing business under the firm-name of William Blake & Co., and that on that day, at the city of New York, the defendant made his promissory note in writing, and delivered the same to them, under their firm-name of William Blake & Co., of which the following is a copy: 66 $500. NEW YORK, June 8, 1865. "One month after date, I promise to pay William Blake & Co. five hunhundred dollars, value received. "JOHN B. ASTOR." II. That on the 25th day of June, 1865, at the city of New York, the said John Foster died, leaving this plaintiff the sole surviving partner of said firm. III. That there is now due to plaintiff thereon, from defendant, the sum of five hundred dollars, with interest from the 11th day of July, 1865. (Demand.) When the promissory note is made by a firm, and one of the partners dies, the action must be brought against the surviving partner on such note, and the death of the deceased partner and the survivorship of the defendant must be stated in the complaint. These facts are set forth in the complaint, in the following form: note were made to the surviving partner only, although the consideration proceeded from the partnership? When the action is commenced by a surviving partner, how are the facts showing the right of the surviving partner to sue in his own name set forth? When the promissory note is made by a firm, and one of the partners dies, against whom must the action be brought? What must be stated in the complaint? How (Title.) I. That on the 8th day of June, 1865, the defendant and one John Foster were partners, doing business under the firm-name of William Blake & Co., and that on that day, at the city of New York, they made their promissory note in writing, under their firm-name of William Blake & Co., and delivered the same to plaintiff, of which the following is a copy: NEW YORK, June 8, 1865. "$500. "One month after date, we promise to pay John B. Astor, or order, five hundred dollars, value received. "WILLIAM BLAKE & Co." II. That on the 25th day of June, 1865, at the city of New York, the said John Foster died, leaving defendant the sole surviving partner of said firm. III. That there is now due to plaintiff thereon, from defendant, the sum of five hundred dollars, with interest from the 11th day of July, 1865. (Demand.) When the plaintiff or defendant is a corporation, it is the practice to allege that fact in the complaint. That fact is generally alleged in the complaint, in the following form: (Title.) I. That the defendants are a corporation created by and under the laws of the State of New York, organized pursuant to an act of the Legislature, entitled, “An act to authorize the business of banking," passed April 18th, 1838, and the acts amending the same. II. That the defendant, at the city of New York, on the 8th day of June, 1865, being such corporation, by their agents duly authorized thereto, made their certain promissory note in writing, and delivered the same to plaintiff, of which the following is a copy: "$500. 66 NEW YORK, June 8, 1865. 'One month after date, the American Exchange Bank will pay to John Foster, or order, five hundred dollars, value received. "WILLIAM BLAKE, Cash." "JOHN B. ASTOR, Pres. are these facts set forth in the complaint? When the plaintiff or defendant are a corporation, what is it the practice to allege? How is that fact generally alleged in the complaint? III. That there is now due to plaintiff thereon, from defendant, the sum of five hundred dollars, with interest from the 11th day of July, 1865. (Demand.) 11. If a promissory note is to be paid at a particular place, that place must be stated in the body of the note. Parol evidence is not admissible to show the place of payment. The place of payment of a bill of exchange is understood to be the place where the drawee resides, or where on the face of the bill it is addressed to him, unless some other place be stated on the face of the bill. As a general rule, unless required by statute, the place of payment need not be expressly stated. If the address specify no place of payment, the bill is payable where the drawee accepts it, or payable at any place where the acceptor may be found when it becomes due. There is generally in bills of exchange a statement of advice, as"Put the same to my account,' "Put the same to the account of A. B.," "Put the same to account as per advice." But none of these forms are essential to a bill of exchange, but a mere matter of mercantile convenience. If the bill be drawn "as per advice," the drawee is not bound to accept or pay without advice. The general usage in America is for the drawer to deliver a set of three parts of the bill to the payee, or holder, any one part of which set being paid, the others are void. Bills of exchange and promissory notes under seal are not entitled to the peculiar privileges of commercial paper. 12. When the signature is attested, it must be proved 11. If a promissory note is to be paid at a particular place? What evidence is not admissible to show the place of payment? What is understood to be the place of payment of a bill of exchange? Is it necessary to state the place of payment? If the address specify no place of payment? What statement of advice is generally inserted in bills of exchange? Are any of these forms essential? If the bill be drawn "as per advice," is the drawee bound to accept or pay it without advice? What is the general usage in America? Are bills of exchange and promissory notes under seal entitled to the privileges of commercial paper within the statute? by the subscribing witness, and not otherwise, unless the subscribing witness be absent from the State, or cannot be produced at the trial. The production of the witness on the stand is the best evidence. If the subscribing witness cannot be produced, a foundation must first be laid by showing a fair, bona-fide, and unavailing effort to procure the attendance of the witness. This foundation being laid, proof of the handwriting of the subscribing witness may then be introduced. If the handwriting of the witness cannot be proved, a foundation must first be laid by proving a fair, bona-fide, and unavailing effort to prove the handwriting of the witness. This foundation being laid, the handwriting of the maker may then be proved. The production of the subscribing witness is the best evidence. The proof of the handwriting of the subscribing witness is secondary evidence. The proof of the handwriting of the maker is a third class of evidence. The admission of the maker may be introduced to prove his signature, whenever it is permitted to resort to the proof of his handwriting. In some of the States, the time of limitation is extended by the attestation of the signature to the note by a witness. 12. When the signature is attested, how must it be proved? What is the best evidence? If the subscribing witness cannot be produced, what foundation must be laid before other evidence can be introduced? This foundation being laid, what proof may then be introduced? If the handwriting of the witness cannot be proved, what foundation must be laid before other evidence can be introduced? This foundation being laid, what proof may then be introduced? What is the best evidence? What is the secondary evidence in this case? What is the third class of evidence in this case? When may the admission of the maker be introduced? What is the effect produced upon limitation by attestation in some of the States? CHAPTER XCV. INDORSEMENT OF COMMERCIAL PAPER. 1. THE word indorsement signifies, written upon the back. The indorsement, however, may be made upon any part of the instrument. It may be made even upon a paper attached to the instrument. The indorsement may be-1. In blank, or in full; 2. In general, or restrictive; 3. Qualified, or conditional. The following is the form of an indorsement in blank: JOHN B. ASTOR. It is simply the name of the indorser, written upon the back of the instrument. When the indorser makes the instrument payable, by indorsement, to a particular person, such indorsement is an indorsement in full. The following is the form of an indorsement in full: 1. What does the word indorsement signify? Where may the indorsement be made? Can it be made on another paper attached? In what different ways may it be made? What are indorsements in blank? What is an indorsement in full? If the indorsement be in full, what |