B., 608. Harpham v. Child, 1 F. & F., 652. Beauchamp v. Cash, 1 D. & Ry., N. P., 3 303.* Notice of dishonour need not state on whose behalf payment is applied for, nor where the bill is lying; mistakes on these points will not invalidate it (a): nor the omission of a signature, so long as it appears that the notice came from the proper quarter (b) (a) Woodthorpe v. Lawes, 2 M. & W., 109. Housego v. Cowne, 2, M. & W., 348. Harrison v. Ruscoe, 15 M. & W., 231. Rowlands v. Springjett, 14 M. & W., 7 (b) Maxwell v. Brain, 10 Jur., N. S., 777 * 304. The letter should be addressed particularly to the person's residence and not generally to a large town: unless the drawer has dated it so : Walter v. Haynes, R. & M., 142. Clarke v. Sharpe, 3 M. & W., 166. Mann v. Moors, 1 R. & M., 249. 520. Burmester v. Barron, 17 Q. B., 828. Hewitt v. Thompson, 1 M. & Rob., 543 305.* Some evidence must be given that the notice was actually posted Skilbeck v. Garbett, 7 Q. B., 846. Hetherington v. Kemp., 4 Camp., 194. Hawkes v. Salter, 4 Bing., 715. Langdon v. Hulls, 5 Esp., 156. Stocken v. Collin, 7 M. & W., 515 306.* It may be sent by special messenger; and, under peculiar circumstances, the expenses of the messenger have been allowed Dobree v. Eastwood, 3 C. & P., 250. Bancroft v. Hall, Holt, N. P., 476. Pearson v. Crallan, 2 Smith, 404. Housego v. Cowne, 2 M. & W., 348 307. The notice should be sent to the party's residence, or place of business: unless otherwise directed Skelton v. Braithwaite, 8 M. & W., 252. 545. Bancroft v. Hall, Holt, N. P., 476. 719. Housego v. Cowne, 2 M. & W., 348. 511. Stedman v. Gooch, 1 Esp., 4 Cross v. Smith, 1 M. & S., Allen v. Edmundson, 2 Ex., Cromwell v. Hynson, 2 Esp., 308. A stranger (a): or a party discharged by laches (b): cannot give notice (a) Stewart v. Kennett, 2 Camp., 177. East v. Smith, 16 L. J., Q. B., 292 (b) Harrison v. Ruscoe, 15 M. & W., 231 309. Notice may be given by the holder or any party to all the preceding parties Fisher v. Kieran, 4 Camp., 87 310. 1. If the parties live in the same town notice must be sent so as to be received on the day following dishonour: unless the party sending it is unable to ascertain the address of the other parties in time (a) 2. If the parties live in different towns notice must be posted so as to go on the day after dishonour (b) (a) Smith v. Mullett, 2 Camp., 208. Jameson v. Swinton, 2 Taunt., 224. Williams v. Smith, 2 B. & Ald., 500. Fowler v. Hendon, 4 Tyrw., 1002. Hilton v. Fairclough, Camp., 633. Darbishire v. Parker, 6 East., 3. Poole v. Dicas, 1 Scott, 600. Edmonds v. Cates, 2 Jur., 183. Bateman V. Joseph, 2 Camp., 461. Gladwell v. Turner, L. R., 5 Ex., 59 (b) Williams v. Smith, 2 B. & Ad., 496. Geill v. Jeremy, M. & Mal., 61. Hawkes v. Salter, 4 Bing., 715. Wright v. Shawcross, 2 B. & Ald., 501n. Miers v. Brown, 11 M. & W., 372 311. Notice may be given on the day of dishonour Burbridge v. Manners, 3 Camp., 193. Ex parte Moline, 19 Ves., 216. Hine v. Allely, 4 B. & Ad., 624 312. 1. If the holder gives notice to all parties, he must do so within the time limited to give notice to his immediate indorser 2. Each indorser is entitled to notice and to a day to transmit it to the indorser (a) 3. If any indorsee fails to give notice to his indorser all the prior parties are discharged: unless the holder has preserved his remedy against them by giving him notice as above (b) (a) Rowe v. Tipper, 13 C. B., 249. Smith v. Mullett, 2 Camp., 208. Jameson v. Swinson, 2 Taunt. 224. Hilton v. Shepherd, 6 East, 14n. Marsh v. Maxwell, 2 Camp., 210. Turner v. Leach, 4 B. & Ald., 451 Hilton v. Shepherd, 6 East, 14n. (b) Marsh v. Maxwell, 2 Camp., 209. Smith v. Mullett, 2 Camp., 208 313. A banker who holds a bill for collection is, for the purpose of notice, a distinct holder, and has a day to give notice to his customer; and the customer has a day to give notice to the other parties Langdule v. Trimmer. 15 East., 291. Bray v. Hadwen, 5 M. & S., 68. Frith v. Thrush, 8 B. & C., 387. Scott v. Lifford, 9 East., 347. Haynes v. Birks, 3 B. & P., 599 314. Where a bill passes through several branches of the same bank, each branch is a separate bank for giving notice Corlett v. Jones: Clode v. Bailey, 12 M. & W., 51. Woodland v. Fear, 7 E. & B., 519 315. Notice to an agent for this purpose is sufficient; but not to a person's general solicitor Cross v. Smith, 1 M. & S., 545 316. A creditor who holds a bill as collateral security is bound to present and give notice Peacock v. Pursell, 14 C. B., N. S., 728 317. A person who guarantees a bill or note, is not entitled to notice of dishonour unless he incurs special damage by such want of notice Warrington v. Furbor, 8 East., 242. Philips v. Astlings, 2 Taunt., 206. 318. The death or bankruptcy of the drawer or acceptor does not excuse want of notice Russell v. Langstaff, 2 Doug., 514. Esdaile v. Sowerby, 11 East, 114. 319. 1. If any party to a bill or note, with a knowledge that laches has been committed, and that he is legally free, expressly promises to pay it entirely or partially, such promise is binding (a) 2. But not if he makes such promise without such knowledge (b) Hopley v. Dufrene, 15 East., Haddock v. Bury, 7 East, 236. (a) Vaughan v. Fuller, 2 Stra., 1246. v. Jacks, Peake, 202. Horford v. Wilson, 1 Taunt., 12. Gibbon v. Coggan, Wood v. Brown, 1 Stark., 217. Hopes v. Alda, 6 East, 16n. Rogers v. Stephens, 2 T. R., (b) Goodall v. Dolley, 1 T. R., 712. Blesard v. Hirst, 5 Burr., 2670 320. A party who is entitled to receive notice of dishonour Bridges v. Berry, 3 Taunt., 130. Soward v. Palmer, 8 Taunt., 277 321. A drawer who has no funds in the hands of the Dennis v Morrice, 3 Esp., 158. Hill v. Heap, D. & R., N. P. C., 59. 322. Notice of dishonour may be waived by agreement of Phipson v. Kneller, 4 Camp., 285. Hill v. Heap, D. & R., N. P. C., 57 323. 1. If the drawer of a bill, or the payee of a note, has 2. But if he had any reasonable expectation that the bill or 3. An indorser is entitled to notice in all cases (c) Callot v. Haigh, 3 Camp., (a) Bickerdike v. Bollman, 1 T. R., 406. De Berdet v. Atkinson, 2 H. Fitzgerald v. Williams, 6 & G., 757. Carew v. Duckworth, L. R., 4 Ex., 313 (b) Orr v. Maginnis, 7 East, 359. Blackan v. Doren, 2 Camp., 503. Hammond v. Dufrene, 3 Camp., 145. Rucker v. Hiller, 16 East, 43. Cory v Scott, 3 B. & Ald., 619. Norton v. Pickering, 8 B. & C., 610 324. If the drawer of a bill makes it payable at his own house, it is presumed to be an accommodation bill, and he is not entitled to notice of dishonour Sharp v. Bailey, 9 B. & C., 44 325. Notice need not be given to a transferor of the instrument, without indorsement Unless the instrument was taken for and on account of a preexisting debt, which is not a sale of the bill: if, therefore, the bill is dishonoured, his liability revives, and he is entitled to notice And allowance for time for giving him notice will be given for transmitting notice to prior parties Van Wart v. Woolley, 3 B. & C., 439. Swinyard v. Bowes, 5 M. & S., 62 326. When parties are jointly liable on a bill, notice to one is notice to all Porthouse v. Parker, 1 Camp., 83 327. The owner must, in all cases, give notice of dishonour in reasonable time But delay in giving notice may be excused if he is ignorant of the addresses of the preceding parties: or other circumstances But he must use all diligence to discover them Whether he has used due diligence or not is, in all cases, a question for the jury Browning v. Kinnear, Gow, 81. Bateman v. Joseph, 12 East, 433. 328.* 1. Where an inland bill has been dishonoured, it may, if the holder think fit, be noted for non-acceptance or non-payment, as the case may be; but it shall not be necessary to note or protest any such bill in order to preserve the recourse against the drawer or indorser 1. Where a foreign bill, appearing on the face of it to be such, has been dishonoured by non-acceptance, it must be duly protested for non-acceptance, and where such a bill, which has not VOL. II PP |