A Practical Treatise on Bills of Exchange; Checks on Bankers, Promissory Notes, Bankers' Cash Notes, and Bank Notes - With Reference to the Law of SC (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1854 edition. Excerpt: ...London, llth December, 1794, cor. Lord Ken-(m) See post, 441 to 443. yon, His Lordship said, "It is in no case ne-(n) West on Extents, 28, 29. cessary to give notice when it is a second (o) Crosse v. Smith, 1 Maule & S. 451, dishonor;' and in De la Torre v. Barclay and (Chit. Jun. 886). another, 1 Stark, C. N. P. 7 (Chit. Jun. 9U5), 1 See Story, Promissory Notes, 127, 128; Aldis v. Gadcomb, 1 Vermont, 136; Whittlesey v. Dean, 2 Aihien, 263; ante, 196, note. Williams v. Robinson, 13 Louis. 419; Jordan v. Bell, 8 Porter, 53. So-where one draws a bill on himself and accepts it, and is afterwards sued as drawer, in default of payment. Smith v. Paul, 8 Porter, 503. So where the drawer agreed with the payee that in case of non-payment by the drawee, the payee should wait until a certain day, when the drawer would pay the bill, notice was held not to be necessary till such day, and if the drawer died before such day, no notice waa necessary to his executors. Long v. Moore, 2 Brev. 172. 3 See ante, 826, note. I. Of Non-of non-payment by the drawee of a bill or maker of a note is, that the payment, drawer of a bill and indorser of the note may, by such notice, be enabled forthsary Pro0-" t0 wtndraw his effects from the hands of the drawee or maker, or to stop ceedings those which were about to be delivered to him, and to supend any further credit, thereon. and that the drawer and indorsers respectively take the necessary prompt 1st. When measures against all parties liable to them to obtain and enforce payment; Non-pay-an( sucn PromPt notice be delayed, it is a presumption of late that mentne-the drawer and indorsers have been prejudiced (/?). Such damage is always cessary or jn t/iis country presumed (q), and...