3265. A negotiable promissory note within the meaning of this title is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer but the negotiability of a promissory note otherwise negotiable in form, secured by a mortgage or deed of trust upon real or personal property shall not be affected or abridged by reason of a statement therein that it is so secured, nor by reason of the fact that said instrument is so secured nor by any conditions contained in the mortgage or deed of trust securing the same. Where a note is drawn to the maker's own order it is not complete until endorsed by him. 1923-193.

3265a. A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this title applicable to a bill of exchange payable on demand apply to a check. 1917-1559.

3265b. A check must be presented for payment within a reasonable time after its issue or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay. 1917-1559.

3265c. Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance. 1917-1559.

3265d. Where the holder of a check procures it to be accepted or certified the drawer and all indorsers are discharged from liability thereon. 1917-1559.

3265e. A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder, unless and until it accepts or certifies the check. 1917-1559.

3265g. No order stopping payment on a check shall be valid unless the same be in writing specifically describing the check ordered stopped and delivered to the particular office or branch of the bank on which said check was drawn. 1927.

stitutes.

3266. Definitions and meaning of 3266b. Reasonable time, what conterms. 3266a. Person primarily liable on 3266c. Time, how computed, when instrument. last day falls on holiday. 3266d. Application of act.

3266. In this title, unless the context otherwise requires"Acceptance" means an acceptance completed by delivery or notification.

"Action" includes counterclaim and set-off.

"Bank" includes any person or association of persons carrying on the business of banking, whether incorporated or not.

"Bearer" means the person in possession of a bill or note which is payable to bearer.

"Bill" means bill of exchange, and "note" means negotiable promissory note.

"Delivery" means transfer of possession, actual or constructive, from one person to another.

"Holder" means the payee or indorsee of a bill or note, who is in possession of it, or the bearer thereof.

"Indorsement" means an indorsement completed by delivery. "Instrument" means negotiable instrument.

"Issue" means the first delivery of the instrument complete in form, to a person who takes it as a holder.

"Person" includes a body of persons, whether incorporated or not. "Value" means valuable consideration.

"Written" includes printed, and "writing" includes print. 1917

1559.

3266a. The person "primarily" liable on an instrument is the person who by the terms of the instrument is absolutely required to pay the same. All other parties are "secondarily" liable. 19171560.

3266b. In determining what is a "reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case. 1917-1560.

3266c. Where the day, or the last day, for doing any act herein required or permitted to be done falls on Sunday or on a holiday, the act may be done on the next succeeding secular or business day. 1917-1560.

3266d. The provisions of this title do not apply to negotiable instruments made and delivered prior to the taking effect hereof. In any case not provided for in this title the rules of the law merchant shall govern. 1921-215.

3268. Parties may waive code provisions.

3268. Except where it is otherwise declared, the provisions of the foregoing fifteen titles of this part, in respect to the rights and obligations of parties to contracts, are subordinate to the intention of the parties, when ascertained in the manner prescribed by the chapter on the interpretation of contracts; and the benefit thereof may be waived by any party entitled thereto, unless such waiver would be against public policy.

PARTI.

RELIEF.

DIVISION FOURTH

II. SPECIAL RELATIONS OF DEBTOR AND CREDITOR.
III. NUISANCE.

IV. MAXIMS OF JURISPRUDENCE.

3274. As a general rule, compensation is a relief or remedy provided by the law of this state for the violation of private rights, and the means of securing their observance; and specific and preventive relief may be given in no other cases than those specified in this part of the Civil Code.

3275. Whenever, by the terms of an obligation, a party thereto incurs a forfeiture, or a loss in the nature of a forfeiture, by reason of his failure to comply with its provisions, he may be relieved therefrom, upon making full compensation to the other party, except in case of a grossly negligent, willful, or fraudulent breach of duty.

TITLE II.

Compensatory Relief.

Chapter I. Damages in General.

II. Measure of Damages.

3281. Every person who suffers detriment from the unlawful act or omission of another, may recover from the person in fault a compensation therefor in money, which is called damages.

3282. Detriment is a loss or harm suffered in person or property.

3283. Damages may be awarded, in a judicial proceeding, for detriment resulting after the commencement thereof, or certain to result in the future.

3287. Persons entitled, damages, 3289. Limit rate by contract. 3290. Acceptance principal waives interest.

also interest thereon.

3288. In actions, non-contract.

3287. Every person who is entitled to recover damages certain, or capable of being made certain by calculation, and the right to recover which is vested in him upon a particular day, is entitled also to recover interest thereon from that day, except during such time as the debtor is prevented by law, or by the act of the creditor, from paying the debt.

3288. In an action for the breach of an obligation not arising from contract, and in every case of oppression, fraud, or malice, interest may be given, in the discretion of the jury.

3289. Any legal rate of interest stipulated by a contract remains chargeable after a breach thereof, as before, until the contract is superseded by a verdict or other new obligation.

3290. Accepting payment of the whole principal, as such, waives all claim to interest.

ARTICLE III.

Exemplary Damages.

3294. Exemplary damages, when allowed.

3294. In an action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, express or implied, the plaintiff, in addition to the actual damages, may recover damages for the sake of example and by way of punishing the defendant. 1905-621.

3300. Measure, breach of contract. 3311. Breach 3301. Damages must be certain.

to buy personal

property.

purpose.

warranty special

of seisin. 3305. Breach covenant against en 3315. Breach carrier's obligation cumbrances. to receive.

3306. Breach to convey real prop- 3316. Breach carrier's obligation

erty. 3307. Breach to buy real property. 3308. Breach to sell personal prop

erty not paid for.

3309. Breach to deliver personal
property fully paid.
3310. Breach to pay personal
property sold.

deliver.

3317. Carrier's delay.

3318. Breach warranty of author

ity.

3319. Breach promise of marriage. 3320. Banks' liability damages non-payment checks.

3300. For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom. 1873 -265.

3301. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and origin.

3302. The detriment caused by the breach of an obligation to pay money only, is deemed to be the amount due by the terms of the obligation, with interest thereon.