Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1917-04-09


course when it is made at or after the
maturity Of the instrument to the hold
Or thereof in good faith and without no.
tiee that his title is defective.
wise provided, when negotiable in
strument has been dishonored by nom
acceptance or non-peyment, notice OF
dishonor must be given to the drawer
and to each indorser. and any drawer or
lndorser to whom such notice is not
given Is discharged.
Section 80. The notice may be given
by or on behalf Of the holder. or by
or on behalf Of any party to the instru-
ment who might be compelled to pay
1t to the holder. and who upon taking
It up would have right to reimburse
ment from the party to whom the no
Section 81. Notice of dishonor may
be given by an agent either in his own
name Or in the name Of sny party en-
Section 90. Where notice Is given by
or on behalf of the holder, it inures FOR
all prior parties who have a right of
recourse against the party to whom 1t
Is given
Section 80: Where notice is given by
give notice. it inures Tor the beneft Of
the holder and all parties subsequent
TO the party to whom notice Is given
Section 81. Where the instrument
agent. he may either himself give
notice to the parties liable thereon. or
he may give notice to his principal. II
he give notice to his principal he must
do SO within the same time as II he
were the holder, and the principal upon
the receipt of such notice himself the
same time for giving notice as II the
agent had been an Independent holder.
Section 95. written notice need not
lie signed. and an insufficient written
notice may be supplemented and vail
dated by verbal Communications. mis-
description of the instrument does not
vtiate the notice unless the party to
whom the notice is given is in fact
mislead thereby.
Section 49, The notice may be in
writing or merely oral and may be Civ
en- in any terms which sufficiently iden-
tify the instrument, and indicate that 1t
has been dishonored by non-acceptance
nc given by delivering 1t personally or
through the mails.
Section 81. Notice OF dishonor may
be given either to the party himself
or TO his agent in that behalf.
Section IS. When any party is dead.
and his death is known to the party
giving notice. the notice must be given
to a personal Representatives If there her,
EenCe he can he found. IF there be no
personal representative, notice may. he
sent to the last residence or last place
Of business Of the deceased.
Section 90. Where the parties to be
notified are partners. notice to any one
partner is notice to the firm even
though there has been dissolution.
Section 100. Notice to joint parties
who are not partners must be given
70 each Of them. unless one of them has
authority to receive such notice for the
others.
Section 1Ol. Where a party has been
edjudged bankrupt or an insolvent, or
has made an assignment for the bene-
tit Of creditors. notice may be given
either to the party himself or to his
Section 102. Notice may be given
as soon as the instrument is dishonored
and unless delay is excused as here
matter provided, must be given within
the times fixed by this act
Section 1903. Where the person giving
end the person to receive notice reside
in the same place. notice must be given
within the following times:
% IF given at the place Of business
Of the person to receive notice. it must
he given before the close Of business
hopTs on II the sive DAY At hIs Residence
must be given before the usual hours
of rest on the day following;
90 IF sent by mail, 1t must be de-
posted in the rostoff1ce in time to reach
him in usual course on the day follow
ing.
Section loi Where the perssn giving
and the person to receive notice reside
in different places. the notice must be
given within the following times
% If sent by mail, it must be de
posted in the post office in time to e.
by mail the day following the day OF
dishonor. or If there be no mail at :
convenient hour on that day, by the next
mail thereafter;
(2) If given otherwise than through
the post-office. then within the time
that notice would have been received
in due course Of mail, If it had beer
deposited in the post -office within the
time specified IN the last subdivision.
Of
is duly addressed and deposited in tht
post-off1ee. the sender is deemed to have
given due notice, notwithstanding any
miscarriage in the mails.
Section 1906. Notice is deemed to have
been deposited in the pOst-Off1ce wher
deposited in any branch post-ofice OF
in any letter box under the control o.
the post-office department
Section 1917 Where party receive:
notice of dishonor. he has after the re
ceipt of such notice. the same time fo
giving notice to antecedent parties tina
the holder has after the dishonor
Section 1903 Where party has add
ed an address to his signature. notice
Of dishonor must be sent to that ad
dress: but if he has not given sucf
address, then the notice must be sen
as follows:
% Either to the post-of1ice neares
to his place Of residence. or to the post
Office where he is accustomed to receiv,
his letters; or
90 If lie live in one place, and hav'
his place Of business in another, no
tice may be sent to either place: or
go If he is sojournng in anothe
place, notice may be sent to the plac'
where he is SO sojourning.
But where the notice is actually re
ceived by the party within the tim
specified in this act. it will he suffl
cient, though not sent in accordance
with the requirements Of this section
Section 1909. Notice Of dishonor ma,
he waived. either before the time o
giving notice has arrived. or after tn
omission to give due notice, and TIL
waiver may be express or implied.
Section 10. Where the waiver is EN-
bodied in the instrument itself 1t i
binding upon all parties: but where i
is written above the signature Of al
indorser IL binds him only.
Section III. A waiver of protest
whether in the case of foreign bill
Of exchange or other negotiable instru
ment, is deemed to he waiver not onl!
Of formal protest, but also of pre-
sentiment and notice of diShOnor.
Section 112. Notice of dishOnor Il
dispensed with when. after the exercis
81 reasonable diligence. it cannot be Civ
en- to or does not reach the partie
sought to he charged
Section 113. Delay in giving motto
of dishonor is excused when the de
lay is caused by circumstances beyon,
the control of the holder. and not i'm
putable to this default. misconduct o
negligence. When the cause Of della.
70 notice he river