Elements of the Law of Bills Notes And Cheques And the English Bills of Exchan

Cover Elements of the Law of Bills Notes And Cheques And the English Bills of Exchan
Elements of the Law of Bills Notes And Cheques And the English Bills of Exchan
Bigelow, Melville Madison, 1846-1921
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126 BILLS, NOTES, AND CHEQUES. [Chap. VIIL When, indeed, notice through the mail is i:»roper, the mere mailing the notice, if seasonable, is enough to fix the liability of the indorser; the law merchant does not expect the holder to see that the post-office delivers it or that the indorser has received it in any other way. For example: The defendant is indorser and the plaintiff holder of a promissoiy note, the former living in Boston, the latter in Philadelphia. The note is payable in Phila- d
...elphia, is dishonored, and protested by a notary. The notary thereupon mails in Philadelphia a letter containing the notice to the defendant in Boston. It does not appear that the defendant has ever received the letter. The defend- ant's liability is duly fixed. ^ Indeed, authority, proceeding more or less upon custom in cities, has gone still further and treated notice by mail, when proper at all, as good against all parties to whom notices may be inclosed in a single letter addressed to a later indorser.

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