The Superior times. [volume] (Superior, Wis.) 1870-1912, 1899-05-20

added an address to his signature. notice OF
dishonor must be sent TO that address but
II he has not given such address, then the
notice must be sent as follows
!. Either to the post office nearest to his
tiers or.
2 If he live in one place. and have his
place of business in another, notice may be
sent to either place: or.
,. II he is sojourniug in another place.
notice may be sent to the place where he is
sojoUrning.
But where the notice is actually received
by the party within the time specified In
this act. ii Will be sufficient though not sent
IN accordance with the requireWents OF this
section.
note Notice may be served either at
PlaGt OF business or residence. slmns V.
Section 1G7S SO. Notice of dishonor may
be waived either before the time of giving
notice has arrived. after the omission to
give due notice, and the waiver may be
press or implied.
V. Mitchell, Wis. l&9. Is not within The
statute Of frauds, and may be 10y parol Ibid.
Part payment by the endOrser with knowI-
edge Of want of presentmeut. etc. is
waiver Knapp V. Runals b Wis, i35 1t
may be waived for q specific time and must
then be given. Norden Y. Mitchell supra.
Where a note, on or a short time before the
day of its maturity. Is presented TO an in
dorSer. and the latter then promises that if
the note is suffered to run he will pay il
whenever payment Is called Tor. an omis-
sion OF protest and notice caused by such
promise will not discharge the indorser-
Hale Y. DaufOrth, At Wis. 5-4. A promise
to pay by drawer or iudorser who is igno-
rant Of the failure TO give notice Of dis
honor. is not waiver. Schierl Y. Baumel,
Section 1915 10. Where the waiver IS
embodied in the instrument itself, il is bind
ing upon all parties but where IL IS written
above the signature OF an indorser. it binds
him only.
section 1G7s-41 waiver Of protest.
whether In the case OF q foreign bill OF ex-
gh1 or gr IlF ~ mons
deemed to be waiver not only of formal
protest, but also of presentment and notice
section 1G7s AZ. Notice Of dishonor is
dispensed with when, after the exercise Of
reasonable diligence, II cannot be given to
or does not reach the parties sought TO be
NOTE-As where the place of residence or
business of the maker or indOrser cannot he
found after reasonable diligence. The burden
OF proof is upon the holder. Eaton V. Me
Mahon ~ Wis, 4o4.
Section 1918 IL. Delay In giving notice
Of dShonor is excused when the delay is
caused 10y circumstances beyond the control
OF the holder and not imputable 10 his de
fault, misconduct or negligence. When the
cause of delay ceases TO operate. notice must
be given with reasonable diligence.
NOTE-O and were JOINT indorsers of a
prOmissory note, and l. died few days be
fore its maturity; il was protested for non
payment. and . had due notice thereof. and
the notary who protested The note made in
quIrles. Tor three days before the note be
came due, in the ward where l. had resided
and learned Of the fact of his death and
that he had no family except a wife. and
that she had gone To Canada with her ia
Their. and he made INJURIES of persons whom
he thought would bee most likely to know,
W.ether any executor or administrator had
been appointed on Is estate. and could not
learn that any had been appointed he then
deposited two notices in the post office al
Milwaukee, where l. had resided and died
one directed 10 l. and the other 10 us ex-
ecutors and administrators" Held. that
the i9f"rmation he had received HAT IS
family had no longer any residence in Mil
waukee and that he was not bound to 70
to the house where he had lived. to sec if he
couII NOT lind q servant thprp who had once
lived with tie deceased ana that the notary
had exercised due diligence TO notify the
representatives of l. Of the dishunUr Of the
note Boyd V. Orton IS Wis. 81.
\ bank had notes for collection. The bank
building was burned and the bank had ONLY
resumed business i'm a tentative wav in
temporary structure when the note became
due. Held. that this would not excuse
State BIZ, 81 Wis, 444
Section lG1S-44. Notice Of dishonor is
not required TO be given to the drawer in
either Of the following cases
l. Where the drawer and draWee are the
same person
>. Where the drawee is a fictitious person
or person Not having capacity TO contract.
,. Where the drawer is the person to
whom the instrument is presented for pay
meut
!. Where the drawer has no right to
pect or require that the drawee or acceptor
Will honor tie Instrument;
.. Where the drawer has countermanded
payment.
NoIE-Nolice or non-acceptance or non
pay ment IS not required IA order TO charge
the drawer, II he has no funds or effects in
the .drawees hands but the burden Of
proving That fact Is upon the holder. Mehl-
Evidence that the drawees told the holder
on presentation Tor acceptance, that they
Ing hearsay. hid.
The burden Of proof is upon the holder
TO show that he has used due diligence to
find ,ne residence or place of business of
the maker or acceptor. Eaton V. McMahon,
II hIS All.
Section 1918 -. Notice OF dlshOnOr is not
required to be given to an indorser in either
OF the following cases
l. Where the drawec is fictitious person
or a person not having capacity TO contract,
and The iudorspr was aware Of the fact at
the time he iudor,ed the Instrument;
whom the instrument is presented for pay
meut:
3 Where the instrument was made or &C
CcptCd for his accommodation.
honor 10y uOn-aCceplauce has been given
notice OF subsequent diShonOr by nOn-pay-
ment is not necessary, unless in the mean
time the instrument has been accepted
Of dishouur by nou-acceptauce does not
prejudice the rights Of a holder in due
course subsequent TO the omission but this
Shall not be construed TO revive any Iiabil-
ity discharged by such omission.
Section l6IS-iS Where any negotiable
instrument has been dIShonored ii may be
protested for non acceptance or non pay
ment. as the case may be; but protest is net
required except in the case Of foreign bills
of exchange.
NOTES.-The rule in Wisconsin: Sumner
V. Bowen, Wis. $50. changed by ststute).
DISCHA RlT Il OF y Et1ibIlABlR INSTRU-