bank it is equivalent to an order to the bank to pay
it for the account of the principal debtor thereon. In accordance with
the notation on the margin of a note the holder sent it for collection
to a bank which held, as a special deposit, the maker's money. The
cashier at maturity notified the maker who directed the cashier to pay
the note. The cashier said "All right, your note is paid." The note
was regarded as paid.
When a negotiable note has been dishonored by non-acceptance or
non-payment, notice of dishonor must be given to the drawer and to
each indorser, and any drawer or indorser to whom such notice is not
given is discharged. A written notice need not be signed and an
insufficient notice may be supplemented by verbal communication. Nor
does misdescription of the note vitiate the notice unless the party to
whom the notice is given is in fact misled thereby. The notice may be
in writing or merely oral, and may be given in any terms which
sufficiently identify the note and indicate that it has been
dishonored by non-acceptance or non-payment. It may be delivered
personally or through the mails. Where the parties to be notified are
partners, notice to any one of them is notice to all even though there
has been a dissolution. But notice to joint parties who are not
partners must be given to each of them, unless one of them has
authority to receive the notice for the others.
When the person giving, and the person who is to receive notice reside
in the same place, it must be given within the following times: (a) if
given at the place of business of the person who is to receive notice
this must be done before the close of the business hours on the day;
(b) if given at his residence it must be given before the usual hours
of rest on the day following; (c) if sent by mail it must be deposited
in the post office in time to reach him in usual course on the day
following. If the parties reside in different places the notice must
be sent within the following times: (a) if sent by mail it must be
deposited in the post office in time to go by mail the day following
the day of dishonor, or if there be no mail at a convenient hour on
that day by the next mail thereafter; (b) if given otherwise than
through the post office then within the time notice would have been
received in due course of mail if it had been deposited in the post
office had it been deposited in the post office as above described.
If a party had added a
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