St. Paul tidende. [volume] (St. Paul, Minn.) 1902-1928, 1913-05-02

no mail at a convenient hour on that day.
by the next mail thereafter. 9
81 Il F {hsa % SfhfGYif fse t9 sime tsssh9 at Notice tie
would have been received In due course of
mail, If 1t had been deposited inhthe postotflce
within the time specified in the last sub
.
Sec: 1o5:-(WHEN SENDER, PEEMED re
dj!ho GlvE q ad PIE M sreasea ana W depos,t RST in
the postofticc. the sepder 1s deemed to have
given due notice, Notwithstanding any mis-
carriage in the mails.
WHAT CO~NsTITUTEs.) Notice is deemed to
have been deposited in the post:of1ce when
in any branch post-of1ce. Or In any
Office department.
Tim o5.l where a party receive.
of' such 81 no aiseon s%s s ss sai sim s1t for t eiy,n nsef ne.
tice to. antecedent parties that tho holder
has after the dishonor.
Sec. 10s.-CwHERD NOTICE. MUST BE
SENT.) Where a party has added an adj
dress to his signature, notice Of dishonor
must be sent to that address,; but Il he has
not given such address, then the notice must
@d) Either to the pest-once nearest to his
place Of residence, or to the post-of1ce where
he is accustomed to receive his letters; or
place Of business in another, notice may be
sent to either place; or
O. II he Is sojourning Ia another piaca.
notice may be sent to the place where he
But where the notice is actually received
BY the party within the time f fpes;1s -, n
sels IN ss'; ace co Hn.a W WITH su1 the requirements irSnea n Of
'A Sec. los.AwA1vER OF NoT1cn:) NOTICE
the omission to give. due notice. and tho
we sss: 11o.zf " s5RFes %rS Fl a%R?lso B1 VAN.
itself. it is binding upon ali par
ties: but where 1t is written above the Sig
n1 sso. It 3fn. an 17a9Esf5i It OF 6'nd PR e'm sF'y' A
foreign bil Of exchange or other nsgottanle
only Of a formal protest, but also Of present
pent and notice Of dishoncE.
Witty Notes Of dishonor i. DISPENSED "a
gence. It cannot be given to or does not
re seo. III is. :1a1t;ei sSTps nj e er VI sa't Orc
HOW ExcusED.5- Delay in siyins notice q
dlshonor is excused; when the delay is cansed
circu ms nee bey0Rda ne !. cg tbis a 81 ane
misconduct or negligence. When inc cause OF
delay ceases to operate. notice must be gfven
wi Sec. le as9.mWH raisfeI NOTICE nnnn HQr
BE GIVEN TO DRAwERl Notice Of On.
honor Is not required to b given to tho
drawer. IN e1I0ef OF tNe. IUlI0WlU8 dooO'@ ,
uy Where the drawer and drawee are ne
'A q When When tho drawes is /. acttiou. ,srssa
" tso i. When the drawer is the. person to whom
the instrument is presented. for payment.
Nj Where the drawer has no right e e
pect or require that the drawee 81 eooepteR
will honor the instrument;
10y Where the drawsr has soonseTmsnosd
e1 Esf; 70 YNboRsSR.} Notes asA q s sisaoner
IS not required to be given to an indorser In
either of the following cases:-
or q person not having capacity to contract,
and the indorser was aware Of the fact at
the time he Endorsed the i~nstzument'
whom the instrument is&p~resented for pay
81 wn.r. ne INSTRUMENT was mad. or
WHERE ACCEPTANCE %RnFUsED:l Where
Ses ne given 81 no aies01 Of a ~ s nSssauesa'1 d'sho NOR
tho meantime the instrument has been ao-
cepted. -
GIVE; NoT1cE OF NoN-AccEPTANcn.) An
omission to give notice Of dishonor by non.
a holder IN Que course subsequent to the
omission.
rs So; mi 17s;@w WHHn T MgsF Be Mn1 RRAB SET
Where any negotiable instrument has been
dishonored It may be protested for Monaco
,ceptance or non-payment. as tho case may
e cas-; out Of { Saosiss ' S,i n0. IL Fs sEehsa. s.'e's IN 'n'
ARTICLE VIZ
DISCHARGE OF NEGOTIABLE nesrzu-
SEQ. ACKNOWLEDGMENT, HOW DdS-
.CHARGED.) A negotiable Instrument n Dis
a. By gsymsa. n q. esus ~ e. '
t) BY: payment in due course y o. pe1ty
accommodated. where tho tnstrunsnt b made
or accepted for accommodation.
4) BY the intentional -ancon1eA thsrso9
as By any otnsr aot whscn vrn efsua1zss
q 81 s;"R %n sen' the pr rSs isi ss s1sssas ss & ssD *:
holder Of the instrument at or aftn maturity
AR Ri; LIABLE on, b1scHxnaHn] 1
person secondartty nanlo on tho tnstrunosn'
~ BY any act which discharges TIE IN,
e. BY ene Intentional e.nosiaae. Of hi.
81 y the disehAIss Of . prior gs5sy'
vS BY a release Of tn. principal debtor,
unless the holders right Of reoourre sxainst
the party secondarny liable Is expressly re-
(0 BY any agreement binding upon the
holder to extend the time Of payment. q to
postpone the holder'a right to enforce the in
party eecondartly liable, or unless the right
of recourse against such party 10 expressly 70
served.
cH iAIGRiGiEE 1NsrRuMENT.j Where he in
trument is paid by q party seconderily II
party so paying It Is RENTED to his former
rights as regards all prior parties, and he
may strike our his own and all subsequent
f-l~--~-~-<a a~A ~0N ~Arofta$A thu yn0frS-
a. Where IT Is. payable to tne order Of q
third person. and has been paid BY tbs draw
i2) Where 4, was made or accepted for ao-
commodation, and has been paid by the party
Sec. i2s.IGRnNu,Nc1Ar1oN By HOLDER
The holder may expressly renounce his rights
At Or after its maturity; AZ as so s,r an:
against the principal debtor made at or after
the maturity Of the instrument discharges the
instrument. But a remuneration does not at
out notice. A remuneration must be In writ
ing. unless tho instrument is delivered up tt
the person primarily liable thereon:
T1oNAL; BURDEN OF PRoOF.l A cancel
lation made u~nintentionally, or under a mistake
Or without the authority Of the holder, is in
signature thereon appears to have been can
celled the burden Of proof lies on the party
who alleges that the cancellation was made
unintentionally. or under a mistake or with.
Sec. 1249slAnrEmAr1oN OF nssrRu.
MENT; EFFECT oF.) Where q negotiable
instrument is materially altered without the
assent Of all parties liable thereon. 1t is
avoided, except as against a party who ha.
himself made, authorized or assented to the
alteration and subsequent indorsers.
y But when an instrument has been materially
altered and is in the hands Of q holder in
due course. not a party to tho alteration. he
may enforce payment thereof according to
Sec. i25.-wHAr' CONSTITUTES ANA.
TERIAL ALTERAT1oN.) Any alteration which