The absolute acceptance of the draft or order renders the acceptor the principal debtor upon the instrument 1 and obligates the acceptor to pay the amount according to the tenor and effect of the instrument, or, if the acceptance is special, according to the tenor of the acceptance.2 The presence or absence of funds in the acceptor's hands is immaterial.3 An absolute acceptance cannot be shown to be conditional,4 nor can it be shown as against the holder that it was modified by agreement between the drawer and drawee.5 It includes a stipulation for attorney's fees in the bill.6 But a mistake as to the amount between the drawer and the drawee may be set up where the drawer is the holder;7 while an agreement between the holder and drawer not to press the acceptor is not available to the acceptor.8 Nor can the acceptor set up that the drawer was incompetent to contract,9 nor that he signed the bill not with his true name.10 The acceptance is in effect the acceptor's promissory note to the holder,11 the drawer becomes prima facie a secondary debtor to the acceptor,12 and l0 Claflin v. Griffin, 8 Bosw. 689.

10 See Sec. 237,post. 11 See Sec. 269, post.

1 Parmalee v. Williams, 72 Ga 42; Diversey v. Moor, 22 I1L 331; Blair v. Tennessee Bank, 11 Humph. 84; Capital City Ins. Co. v. Quinn, 73 Ala 558.

2 Cox v. National Bank, 100 U. S. 712; Swope v. Ross, 40 Pa. 186.

3 See next section, and Raborg v. Peyton, 2 Wheat. 385. An accepted order drawn on its face against certain funds is enforceable in equity against funds in the drawee's hands.. Michigan State Bank v. Gardner, 15 Gray, 362.

4 Haines v. Nance, 52 I11. App. 406; Heavener v. Donnell, 7 Smedes & M 244; Cowan v. Hallock, 9 Colo.

572. Nor can a written acceptance be varied by parol. Mason v. Graff, 35 Pa, 448

5 Fisher v. Beckwith, 19 Vt. 31; Flournoy v. First Nat. Bank, 79 Ga. 810.

6 Smith v. Muncie Nat. Bank, 29 Ind. 158.

7 Thomas v. Thomas, 7 Wis. 476.

8 Van Alstyne v. Sorley, 32 Tex. 518.

9Cowlon v Meckersham, 54 Pa. 302, dictum.

11 Sylvester v. Staples, 44 Ma 496; McKirdy v. Hare, 7 Atl. R. 172.

12 North Am. Coal Co. v. Dyett, 7 Paige, 9.