Leading and Select American Cases in the Law of Bills of Exchange, Promissory Notes, and Checks; Arranged According to Subjects; With Notes and References

Leading and Select American Cases in the Law of Bills of Exchange, Promissory Notes, and Checks; Arranged According to Subjects; With Notes and References

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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. 1871 edition. Excerpt: ...accurate, will help the case; and a statement of non-payment and notice is, by necessary implication, an assertion of right by the holder, founded upon his having complied with the requisitions of law against the indorser. In point of fact, in commercial cities, the general if not universal practice is, not to state in the notice the mode or place of demand, but the mere naked non-payment. Upon the point then, of notice, we think there is no error in the opinion of the Circuit Court. As to the decision in this case respecting usage, see note to Renner v. Bank of Columbia, ante, 308. The concluding portion of the opinion in the case of Bank of Alexandria 0. Swann, 9 Peters, 33, post, 383, relates to this subject of the form of notice, and is given here in further illustration of the doctrine of the principal case. _ Per Thompson, J.: " The next question is, whether, in the notice sent to the indorser, the dishonored note is described with sufficient certainty.. " The law has prescribed no particular form for such notice. The object of it is merely to inform the indorser of the non-payment by the maker, and that he is held liable for the payment thereof. " The misdescription complained of in this case, is in the amount of the note. The note is for $1400, and the notice describes it as for the sum of $1457. In all other respects the description is correct; and in the margin of the note is set down in figures 1457, and the special verdict finds that the note in question was discounted at the hank, as and for a note of $1457: and the question is, whether this was such a variance or misdescription as might reasonably mislead the indorscr as to the note, for payment of which he was held responsible. If the defendant had been an...show more

Product details

  • Paperback | 344 pages
  • 189 x 246 x 18mm | 617g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 123695484X
  • 9781236954848