formance. This is the rule adopted by the Supreme Court of the United States. The rate of interest is to be governed by the law of the place where the contract is to be performed.

7. A guaranty is an undertaking by one person to be answerable for the payment of some debt, or performance of some contract, by another person, who himself remains. liable to perform the same. It must be founded upon a valuable consideration. When the guaranty is collateral to the principal contract, and made at the same time, and becomes an essential ground of the credit, no separate consideration to the guarantor is necessary. If the guaranty be subsequent to the principal contract, a further consideration must be shown. The contract of the guarantor is nearly the same as that of a drawer of a bill of exchange. He contracts to pay the amount upon due presentment and notice of dishonor, within a reasonable time. If the guarantor sustains any loss or injury by the delay of the holder to make presentment and give notice, it will be the loss of the holder, and not of the guarantor.

8. Commercial paper must be made and indorsed by parties competent to contract. The parties are presumed to be competent, until the contrary is proved. The want of capacity must be alleged in the answer, and proved on the trial. It is a general rule, that persons must be of full age, and of sound mind, to bind themselves as makers, acceptors, or indorsers of commercial paper. If an infant be a party to commercial paper, he may avoid his conA new promise, after the infant becomes of age, is binding. Persons who have been judicially declared

tract.

7. What is a guaranty? Upon what founded? If the guaranty is collateral to the principal contract, and made at the same time, and becomes an essential ground of the credit? If the guaranty be subsequent to the principal contract? What does the contract of the guarantor resemble? Upon what does he contract to pay the amount? If the guarantor sustain any loss or injury by the delay of the holder?

8. By what parties must commercial paper be made? What is presumed as to the competency of the parties? Where must the want of capacity be alleged? What is the general rule as to capacity? If an infant be a party? If an infant make a new promise after he becomes

to be of unsound mind are incapable of making a valid

contract.

9. Commercial paper must be founded upon a valuable consideration. It must be a legal consideration. A consideration founded on love, affection, or gratitude is not a sufficient consideration. To constitute a valuable consideration in law, one party must have acquired by the contract some legal right, interest, profit, or benefit; or the other party must have sustained some legal detriment, loss, responsibility, forbearance, or he must have performed some legal act, labor, or service. Either of these considerations will be sufficient to sustain commercial paper. If A. pay the debt of B., without the request of B., the law does not raise a presumption of liability on the part of B. to pay A.; but if B. afterwards make a promissory note therefor, it will be valid. The total want of consideration renders the paper void. The partial want of consideration affects the paper with nullity to the extent of such want of consideration. Commercial paper founded upon fraud, duress, imposition, circumvention, or taking undue advantage, is void. If the consideration. be illegal, the paper is void.

10. Illegal considerations are divided into two general classes-1. Those against the general principles and doctrines of the common law; 2. Those prohibited by statute. Some of the considerations prohibited by the common law are: 1. Those given to, or received from, a public enemy in time of war, except those necessary for the purchase of the comforts or necessities of life; 2. Those in furtherance of immorality; 3. When the consideration is for the sale

of full age? If a person has been judicially declared to be of unsound mind?

9. Upon what must commercial paper be founded? If the consideration be love, affection, gratitude? What is necessary to constitute a valuable consideration in law? If A. pay the debt of B., without the request of B.? What is the effect of a total want of consideration? A partial want of consideration? If founded on fraud, duress, imposition, circumvention, or taking undue advantage? If the consideration be illegal?

10. Into what two general classes are illegal considerations divided? What are some of the considerations prohibited by the common law?

of libellous or immoral and obscene books; 4. When the consideration is for the sale of lottery tickets, when the sale is prohibited by statute; 5. When the consideration. is against sound morals, and detrimental to the public interest; 6. When the consideration is the restriction of trade or marriage; 7. When the consideration is for the perpetration, compounding, or concealing some crime.

11. Want of consideration and illegality of consideration is a good defence between the original parties to such want or illegality. It is also a good defence against a third party, who has given no value for the same, or who has received the same after it is overdue or has been dishonored. If the third party knew that the note or bill was void at the time of purchasing it, he will take it subject to the same equities as the party from whom he received it. When the consideration is illegal in part, it renders the entire consideration void. It is no defence that the note was known to the holder to be an accommodation note between the original parties, if he take it for value, in good faith, before it became due.

CHAPTER CII.

DEFENCES.

1. UNDER the Code, the defendant may set forth in his answer all the defences he may have, whether they are defences at law or defences in equity. The answer must contain a general or special denial of each material alle

11. Between what parties is the want or illegality of the consideration a good defence? When is it a good defence between the parties to the want or illegality and third parties? If the third party knew that the note or bill was void at the time of purchasing it? If the consideration be illegal in part? If the note was known to the purchaser to be an accommodation note?

1. Under the Code, what may the defendant set up in his answer? What must the answer contain? Under a general denial, what evidence

gation in the complaint, or a denial of any knowledge or information thereof sufficient to form a belief. It must also contain such new matter as shall constitute a defence or counter-claim. The defendant may deny generally all the allegations of the complaint. Under a general denial, the defendant may introduce any evidence to disprove the facts which the plaintiff is bound to establish in order to sustair. his action. Under the general issue, no new facts constituting a defence can be given in evidence. Such facts must be alleged in the answer. When the answer is a general denial, it is in the following form:

(Title.)

The answer of the defendant to the complaint herein, shows to this

court

I. That he denies, generally, each and every allegation of the complaint. W. B. JACKSON, Deft's Attorney.

(Verification.)

The title to the answer is the same as the title to the complaint. The commencement of the answer in all cases is the same as that given in the above form.

2. A special denial is composed of new matter constituting a defence. The defendant must set up all new matter he intends to prove on the trial. If the defendant were an infant at the time he made the contract, he would allege that fact in his answer, in the following form:

(Title.)

(Commencement.)

I. That at the time of making the alleged note this defendant was an infant, under the age of twenty-one years-to wit, of the age of eighteen years.

(Verification.)

nay the defendant introduce? What cannot be introduced under a general denial? When must such facts be alleged? What is the form of a general denial? What is the form of the title to the answer? What is the form of the commencement of the answer, in all cases?

2. Of what is a special denial composed? What new matter must the defendant set up? If the defendant were an infant at the time he made the contract, where would he set up that fact? What would be the form of the answer in such case?

3. When defendant puts in an answer of payment, it is in the following form:

(Title.)

(Commencement.)

I. That on the 11th day of July, 1865, defendant paid to plaintiff the sum of five hundred dollars, in full payment of the note alleged in the complaint.

(Verification.)

4. If the defendant has made a tender of the amount claimed by plaintiff, and wishes to avoid the costs of the action, he pleads the tender in his answer, in the following form:

(Title.)

(Commencement.)

I. That before the commencement of this action-to wit, on the 11th day of July, 1865, at the city of New York-this defendant tendered to plaintiff the sum of five hundred dollars, in payment of said note, and interest mentioned in the complaint, but the plaintiff refused to receive the same.

II. That this defendant has ever remained, and still is, ready and willing to pay the plaintiff said sum, but the plaintiff has hitherto refused to receive the same.

III. That this defendant now brings the said sum of five hundred dollars into court, ready to be paid the plaintiff if he will accept the same. (Verification.)

5. When the plaintiff has given a release, that fact is stated in the answer, in the following form:

(Title.)

(Commencement.)

I. That on the 11th day of July, 1865, in consideration of the sum of two hundred and fifty dollars, the plaintiff executed under his hand and

3. When the defendant has paid the claim, what would be the form of his answer?

4. When defendant has made a tender, and wishes to avail himself of that fact to avoid payment of costs, what would be the form of the answer?

5. When plaintiff has given a release of the cause of action to the defendant, how is that fact alleged in the answer?