The herald., 1897-08-11
OFFICE OF THE HERALD,

Oh prOmlSSOry Hote, WHOM IL
Is sought to charge with notice
of it's dishonor, may be bound
by such q notice conveyed to him over
telephone. This question recently arose in
a case in Kansas (Thompson VS.. Appleby
court of appeals of Kansas, S. D., May IA,
1SsO, and the court expressed the follow
ing general views, which are thus quoted
by the Banking Law Journal:
Following comparatively recent decis-
ions of the highest courts in several states,
and on principle, we should not hesitate
to hold that business communications or
notices over the telephone are as binding as
If the telegraph or mails were used, and
that ordinarily prima facie case can be
made out, Notwithstanding there is no
proof that the one sending the notice or
relying upon it in the action, knew the per-
son receiving and answering the message
was the identical person for whom it was
intended, provided it be shown that both
telephones were connected with the cen
trail telephone office and that the proper
number was called for. connection made
and response received upon it's being called.
Getting, Reed VS.. Railway Co., Y Iowa.
166; Railway Co. VS.. Heidenheimer, Tex.
Sup, II S. w. COS; Wolfe VS.. Railway Co..
Mo. Sup, IL S. w. 49).
"The cases clearly declare that the use of
this modern means of communication is
to be recognized and welcomed by the
courts as well as by the business interests
of the cities. But the doctrine of these
cases cannot be applied in any general way
The facts of each case must be considered
To make an indorser of promissory note
liable, notice of it's dishonor must be given
to the indorser. When the notice is verbal,
the general rule, and the only safe rule
seems to be that the holder of the note or
his agent shall communicate in spoken
words to the indorser the fact that the
note is dishonored. If the holder relies
upon notice by telephone he must show
1t was communicated to the indorser.'
In the case before the court, wherein
1t was sought to charge the indorser of q
promissory note, the witness charged with
the duty of giving notice testified that he
telephoned to the indorser's office, and that
either the indorser or the latter's book
keeper answered, he didn't know which,
but whichever of the two it was he notified
them of the fact. On further questioning
the witness answered that he did not recol-
lect whether it was either of their voices" !"
The court held that there was compe-
tent evidence tending to prove that notice
of the dishonor of the note was actually
given the indorser personally; and a no.
tce by mail was also declared insufft-
cient to charge him, the indorser living In
the same town with the holder of the note.
Following is the official syllabus of its
decision, prepared by the court, which
shows clearly what is decided in the case
in hand.
The laws of the different states differ as
to what does or what does not release an
indorser on negotiable instrument. While
the law at the place where a note is pay
able governs as to the liability of the
maker, the law of the place where the
endorsement is made governs as to the
liability of and remedy against the in
dorser % N. Y, 436; 81 Ind, AID The
acts of omission and commission which
will release an indorser are many. The eX-
tension of time operates as a release every
where. In some states (N.Y.) it is held that
the owner of a negotiable instrument owes
the indorser no active duty against the
maker But in other states the owner must
proceed against the maker on a request of
the indorser And in others he must sue
the maker at the first term of court. One
who indorses a note or guarantees a debt
or contract after its inception, and without
consideration is not bound (6S Ind, 2i2).
The Philadelphia Press says that "Pro-
fessor W. P. Wilson. director of the Phila-
delphia museums, has received from Senor
Carlos Rogers. delegate to the recent trade
congress from Santiago de Chile, a letter
expressing regret that he was unable to
be here at the closing meeting of the for
ntrr have r,f t1a ,It,ic aud of
the museums and expressing himself on
the trade conditions of the United States
as follows: l. was not prepared for the
actual conditions / have found here. The
natural facilities of your country. with
the energy and enterprise of your people
have created conditions that can only be
appreciated on sight. Not only have been
much impressed with the enormous produc-
ton of your mills and factories, but with
the superior quality of the output of those
that 1 have visited. 1 am firmly of the
conviction that 1t is only a question of
prices that stands between your goods
and the markets in the South American
countries. OF course, in referring to prices,
I consider not only the first cost but the
freight, which, as you know, is a serious
in fact a determining-conside
would take occasion, however, in
the interests of your manufacturers,
to ask them to pay close atten-
for shipping them to our countries. Our
facilities for handling cargoes are not what
you are accustomed to here, and the rough
usage and frequent transhipment in the
South American countries make necessary
all the care in packing that is bestowed
upon it by European shippers
y y y
The Railroad Gazette says: "The people
of George Stephensons race have not kept
railroads to themselves, but so far they
have a long lead of the rest of the world
in constructing them. There is not much
room in Great Britain for a great mileage,
and in Europe, of the total 1884 miles,
only 20,977 miles are OH British territory.
But of the 26,S90 miles in Asia, 10, 700 miles
are on such territory in Africa, 2Sl5 miles
out OF 1853; in America, of the 1905 miles
outside of the United States, 1919 miles
are British, and. of course, all the 13,SSS
miles in Australia Altogether there are
74129 miles of railroad in the British pos
sessions, which, added to the ,717 miles
in the United States (all the figures are
for 1880, makes the considerable figure of
25o, SAG miles, which is nearly three-fifths
OF the railroads of the world And this
takes no account of the 1927 miles of Mexi-
can railroad, all built with American and
English capital and SKILL and, nearly all
with their materials, nor of the countless
lines built elsewhere in the four ouarters
of the globe with English money and skin