« AnteriorContinuar »
Sec. 97. Notice of dishonor may be given either to the party himself or to his agent in that behalf.
Sec. 98. When any party is dead, and his death is known to the party giving the notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence, he can be found; if there be no prsonal representative, notice may be sent to the last residence or last place of business of the deceased.
Sec. 99. Where the parties to be notified are partners, notice to any one partner is notice to the firm, even though there has been a dissolution.
Sec. 100. Notice to joint parties who are not partners must be given to each of them, unless one of them has authority to receive such notice for the others.
Sec. 101. Where a party has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, notice may be given either to the party himself or to his trustee or assignee.
Sec. 102. Notice may be given as soon as the instrument is dishonored, and unless delay is excused as hereinafter provided, must be given within the time fixed by this act.
Sec. 103. Where the person giving and the person to receive notice reside in same place, notice must be given within the following times:
First, if given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following;
Second, if given at his residence, it must be given before the usual hours of rest on the following day;
Third, if sent by mail, it must be deposited in the postoffice in time to reach him in the usual course of the day following.
Sec. 104. Where the person giving and the person to receive reside in different places, the notice must be given within the following times:
First, if sent by mail, it must be deposited in the postoffice in time to go by mail the day following the day of dishonor or if there be no mail at a convenient hour on that day, by the next mail thereafter.
Second, if given otherwise than through the postoffice, then within the time that notice would have been received in due course of nail, if it had been deposited in the postoffice within the time specified in the last subdivision.
Sec. 105. Where notice of dishonor is duly addressed and deposited in the postoffice, the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails.
Sec. 106. Notice is deemed to have been deposited in the postoffice when deposited in any branch postoffice or in any letter box under the control of the postoffice department.
Sec. 107. Where a party receives notice of dishonor, he has, after the receipt of such notice, the same time for giving notice to antecedent parties that the holder has after the dishonor.
Sec. 108. Where a party has added an address to his signature, notice of dishonor must be sent to that address; but if he has not given such address, then the notice must be sent as follows:
First, either to the postoffice nearest to his place of residence or to the postoffice where he is accustomed to receive his letters; or
Second, if he lives in one place, and have his place of business in another, notice may be sent to either place; or
Third, if he is sojourning in another place, notice may be sent to the place where he is sojourning; but where the notice is actually received by the party within the time specified in this act, it will be sufficient, though not sent in accordance with the requirements of this section.
Sec. 109. Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omission to give due notice, and the waiver may be express or implied.
Sec. 110. Where the waiver is embodied in the instrument itself, it is binding upon all parties; but where it is written above the signature of an indorser it binds him only.
Sec. 111. A waiver of protest, whether in the case of a foreign bill of exchange or other negotiable instrument, is deemed to be waiver not only of the formal protest, but also of a presentment and notice of dishonor.
Sec. 112. Notice of dishonor is dispensed with when, after the exercise of reasonable diligence, it can not be given to or does not reach the parties sought to be charged.
Sec. 113. Delay in giving notice of dishonor is excused when the delay is caused by circumstances beyond the control of the holder and not imputable to his default, misconduct or negligence. When the cause of delay ceases to operate, notice must be given with reasonable diligence.
Sec. 114. Notice of dishonor is not required to be given to the drawer in either of the following cases:
First, where the drawer and the drawee are the same person;
Second, where the drawee is a fictitious person or a person not having capacity to contract;
Third, where the drawer is the person to whom the instrument is presented for payment;
Fourth, where the drawer has no right to expect or require that the drawer or acceptor will honor the instrument
Fifth, where the drawer has countermanded payment.
Sec. 115. Notice of dishonor is not required to be given to an indorser in either of the following cases :
First, where the drawee is a fictitious person or a person not having capacity to contract and the indorser was aware of the fact at the time he indorsed the instrument;
Second, where the indorser is the person to whom the instrument is presented for payment;
Third, where the instrument was made or accepted for his accommodation.
Sec. 116. Where due notice of dishonor by non-acceptance has been given, notice of a subsequent dishonor by non-payment is not necessary, unless in the meantime the instrument has been accepted.
Sec. 117. An omission to give notice of dishonor by non-acceptance does not prejudice the rights of a holder in due course subsequent to the omission.
Sec. 118. Where any negotiable instrument has been dishonored it may be protested for non-acceptance, or non-payment as the case may be; but protest is not required except in the case of foreign bills of exchange; and where protest of any negotiable instrument is made, the certificate of protest shall be prima facie evidence of what is stated therein or on the foot or on the back thereof in re. lation to the presentment, dishonor and notice thereof.
Discharge of Negotiable Instruments. Sec. 119. A negotiable instrument is discharged:
First, by payment in due course by or on behalf of the principal debtor;
Second, by payment in due course by the party accommodated, where the instrument is made or accepted for accommodation;
Third, by the intentional cancellation thereof by the holder;
Fourth, by any other act which will discharge a simple contract for the payment of money ;
Fifth, when the principal debtor becomes the holder of the instrument at or after maturity in his own right.
Sec. 120. A person secondarily liable on the instrument is discharged:
First, by any act which discharges the instrument;
Second, by the intentional cancellation of his signature by the holder;
Third, by the discharge of a prior party;
Fifth, by a release of the principal debtòr, unless the holder's right of recourse against the party secondarily liable is expressly reserved;
Sixth, by any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the party secondarily liable or unless the right of recourse against such party is expressly reserved.
Sec. 121. When the instrument is paid by a party secondarily liable thereon, it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument; except,
First, where it is payable to the order of a third person, and has been paid by the drawer; and
Second, where it was made or accepted for accommodation, and has been paid by the party accommodated.
Sec. 122. The holder may expressly renounce his rights against any party to the instrument before, at, or after its maturity. An absolute and unconditional renunciation of his rights against the principal debtor made at or after the maturity of the instrument, discharges the instrument; but a renunciation does not affect the rights of a holder in due course without notice. A renunciation must be in writing, unless the instrument is delivered up to the person primarily liable thereon.
Sec. 123. A cancellation made unintentionally, or under a migtake, or without the authority of the holder, is inoperative but where an instrument or any signature thereon appears to have been cancelled, the burden of proof lies on the party who alleges that the cancellation was made unintentionally or under a mistake or without authority.
Sec. 124. Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided except as against the party who has himself made, authorized or assented to the alteration and subsequent indorsers; but when an instrument has been materially altered and is in the hands of the holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor. Sec. 125. Any alteration which changes:
First, the date;
Fifth, the medium or currency in which payment is to be made; or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration.
TITLE II-BILLS OF EXCHANGE.
Form and Interpretation.
Sec. 126. A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer.
Sec. 127. A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same.
Sec. 128. A bill may be addressed to two or more drawees