| 词汇 | Notice Of Dishonor2 |
| 释义 | `1`Notice Of Dishonor2 `2` "Legal Lexicon": In considering as to where the notice should be given, a difference is made between cases where the parties reside in the same town, and where they do not. 1. When both parties reside in the same town or city, the notice should either be personal or at the domicil or place of business of the party notified, so that it may reach him on the very day he is entitled to notice. If the notice be put in the post office, the holder must prove it reached the endorser. But in those towns where they have letter carriers, who carry letters from the post office and deliver them at the houses or places of business of the parties, if the notice be put in the post office in time to be delivered on the same day, it will be sufficient. 2. When the parties reside in different towns or cities, the notice may be sent by the post, or a special messenger, or a private person, or by any other suitable or ordinary conveyance. When the post is resorted to, the holder has the whole day on which the bill becomes due to prepare his notice, and if it be put in the post office on the next day in time to go by either mails, when there is more than one, it will in general be sufficient. The effect of the notice of dishonor, when properly given, and when it is followed by a protest when a protest is requisite, will render the drawer and endorsers of a bill or the endorsers of a note liable to the holder. But the drawer and endorsers may tender the money at any time before a writ has been issued; though the acceptor must pay the bill on presentment and cannot plead a subsequent tender. The same reasons which will excuse the want of a presentment will in general excuse a want of protest. A want of notice may be waived by the party to be affected after a full knowledge of the facts that the holder has no just cause for the neglect or omission. --b-- |
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