the double burden of negligence in this regard and that he was ignorant of it. His liability also continues whenever he waives notice of the protest. Thus, an indorser on the day when a note became due indorsed thereon a written waiver of notice and protest for nonpayment, and on the same day a demand was made at the banking-house at which the note was payable, and the answer was that the maker had no money there. This was regarded as a sufficient demand. The death, bankruptcy or imprisonment of the maker constitutes no excuse for not making a demand, because many means may remain of paying through the assistance of friends and in other ways.1

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70. A demand, unless it is excused, or due diligence in trying to make a demand, must be proved in order to recover from the indorser. But in an action against the maker this is not requisite, for he is liable in any event.

71. Though an indorser's liability is conditional, the only thing to do to make his liability absolute is to demand payment of the maker at the specified place on the last day of the period for which the note was given, and to give due notice of non-payment to the indorser. For,

1"Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument. Presentment for payment is not required in order to charge an indorser where the instrument was made or accepted for his accommodation, and he has no reason to expect that the instrument will be paid if presented. Delay in making presentment for payment 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 presentment must be made with reasonable diligence. Presentment for payment is dispensed with; where, after the exercise of reasonable diligence, presentment as required by this act cannot be made. Where the drawee is a fictitious person. By waiver of presentment, express or implied."

as the contract requires the maker to pay at maturity, a strict regard of duty, which is the life of commercial law, authorises the indorser to presume, unless he has received a notice to the contrary, that the maker has paid his obligation.

72. The notice is authentic information from the proper source that the paper has not been paid, and its object is to enable the party notified to take measures to secure himself against parties liable to him. It need not be, though it always is, in writing. Any information coming from those whose duty it is to give notice will suffice.

73. The notice must be sent by the holder himself, or by someone who has a real interest in the instrument, for the notice must assert that the holder intends to stand on his legal rights and to resort to the indorser for payment. And a bank that receives a note for collection, or as a security only, must follow the usual course of business and give notice of non-payment to the indorser. But the holder may employ an agent to give notice for him, and very generally this is done by a notary public. In some states, but not in all, this is a part of his official duty.

74. The holder need notify only his immediate indorser, or only the indorser whom he intends to hold. A very common practice is for the holder to notify his immediate indorser and to inclose the notices to him for the preceding indorsers, which he is expected to send to them in a similar manner. By doing this he fulfils his whole duty. He perfects his right to recover against all by properly notifying the last indorser. Another and very common

practice is for the holder to give a direct notice to each indorser, and if it would ordinarily be received as soon as it would by regular transmission through all the parties, it is sufficient. In most cases doubtless the notice thus sent is received earlier.

"Where a party has added an address to his signature, notice of dishonour must be sent to that address; but if he has not given such address then the notice of dishonour must be sent as follows:

"Either to the post-office nearest to his place of residence or to the post-office where he is accustomed to receive his letters; or, if he live in one place and have his place of business in another, notice may be sent to either place; or, if he is sojourning in another place, notice may be sent to the place where he is sojourning.'

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75. The notary, who is generally employed, usually sends a notice to each indorser if he knows where to send it; very often not all their addresses are known. The practice is becoming more common of indicating on the instrument where the notice shall be sent, and this is desirable.

76. A notice of an indorsement by a partnership need not be sent to each member. Even after it has been dissolved a notice to one partner is sufficient to bind the other members. Persons who own notes and bills jointly sometimes indorse them, and when they do they are not liable as partners. Consequently, a notice of the non-payment of such a bill to one will not discharge

1"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."

both. Each must have notice in order to be held for its payment.

77. Formerly in sending a notice the mail could be used in some cases, but not in all. When the person who was to be notified resided in the same city as the notifier, then the law required personal notice at his house, or place of business. It could not be deposited in the post-office. But a notice addressed to an indorser, deposited in the post-office of the city where both the notifier and indorser reside, is now regarded as proper by furnishing proof that it was received in time. In many states the legislatures have authorised the use of the mail for this purpose.

By the Negotiable Instruments Law the notice "may in all cases be given by delivering it personally or through the mails."

78. Many questions have arisen concerning the postoffice to which the notice must be sent. The law does not imperatively require that the notice be sent to the post-office nearest to the residence of the indorser, for this cannot always be known without considerable inquiry, delay, and expense. In the absence of precise knowledge, a notice sent to the post-office at the county seat of a county, will suffice, for if the indorser lives at a place nearer to another post-office, at which he usually receives his letters, the postmaster will doubtless forward the notice to that office. Another rule has been established that is reasonable and in most cases can be easily applied. A notice may be sent either to the post-office nearest to the indorser's residence, or to the one at which his mail communications are usually received.

79. "Where the person giving, and the person to receive, notice resides in the same place, notice must be given within the following times: 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. If given at his residence it must be given before the usual hours of rest on the day following. If sent by mail it must be deposited in the post-office in time to reach him in usual course on the day following.

"Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times: If sent by mail it must be deposited in the post-office in time to go by mail the day following the day of dishonour, or, if there be no mail at a convenient hour on that day, by the next mail thereafter. If given otherwise than through the post-office, then within the time that notice would have been received, in due course of mail, if it had been deposited in the post-office within the time specified in the last subdivision."1

80. A notice sent on Sunday is invalid, and an indorser who should receive it would not be bound, nor would the irregularity in the service be regarded as waived.

81. A holder is not responsible for the receipt of a notice by the indorser to the indorser. When the notice is properly prepared, directed and sent within the specified time to the indorser, the holder has performed

1"Notice is deemed to have been deposited in the post-office when deposited in any branch post-office or in any letter box under the control of the post-office department."