The Law of Bills, Notes, And Cheques

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76.
8 Bank of Old Dominion v. McVeiph, 26 Gratt. 755.
12 178 BILLS, NOTES, AND CHEQUES. [Chap. XL sentment unnecessary, does not dispense with the requirement of notice.* So too in States in which presentment is excused by law because of the death of the maker, it seems that in- dorsers are nevertheless entitled to notice of non-payment.'' And a personal representative of an indorser deceased is entitled to notice as much as would the indorser himself have been had he lived.' Indeed, omitting t
...o give notice of dishonor is no more lightly to be excused than is omitting to take any of the other steps required by the law. The law merchant will not, it seemg, excuse an omission to give notice except upon a waiver plainly having in view the very matter of notice; unless it is clear that notice would be of no use whatever, when, indeed, it would be un- necessary, or unless after reasonable diligence it cannot be given to or does not reach the parties to be charged.* If by possibility the indorser might suffer detriment by failing to give him notice, such failing will discharge him.^ Accordingly, notice of dishonor is not dispensed with by reason of the fact that the maker or acceptor was insolvent all , the time, and that the indorser was aware of the Inaolvencyof _, .

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