The Law of Bills, Notes, and Cheques

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1900 edition. Excerpt: ...of his town. For example: The defendant is indorser and the plaintiff holder of a dishonored promissory note; the two living in different towns. The defendant sometimes receives his letters at the post-office of the town in which the plaintiff resides, but usually at the postoffice of his own town. The plaintiff drops a letter in his own post-office addressed to the defendant, which is not received in due time. The defendant is discharged.- Perhaps the rule would be different if the plaintiff did not know that the defendant lived in another town from the one at which the plaintiff knew that he received letters. At all events notice at the plaintiff's post-office would be good if the plaintiff, in mailing it there, acted upon information properly sought and 1 Roberts v. Taft, aujira; Morton v. Westcott, 8 Cush. 425; Saco Bank -. Sanborn, 63 Maine, 340; Downer v. Remer, 21 Wend. 10. 1 Roberts r. Taft, supra. - Shelburne Falls Bank p. Townsley, 107 Mass. 444. obtained. If the party to be notified live in one town and have his place of business in another, notice may be sent to either place.1 It is possible that the indorser may live in a very sparsely settled part of the country, and that there may be no post-office in the town in which he lives. In such a case the holder does all that is required by sending notice directed to the indorser at the nearest town having a post-office, so far as can be ascertained by reasonable inquiry.2 In a case of removal by the indorser, of which the holder has Tio notice otherwise, the indorser should inform him if he wants Removal by notice sent to his new place of residence. In the mdorser. absence of notice of the change, notice of the dishonor may be sent to the indorser's former place of business...