is clearly defined, in its application to cases of different classes. Each class furnishes its own rule, and notwithstanding the conservative inclination of the courts, these rules have been allowed to grow until they have become as thoroughly incorporated into the law-merchant, as any other portion of this important branch of our jurisprudence.

§ 827. No Exceptions to Rule Requiring Notice in Reasonable Time. It cannot fairly be said in cases where notice within the time is either waived or excused, that they furnish exceptions to the rule. The general rule under which they are associated with the cases in conformity with the particular rule allowing but one day for notice, is that which requires notice in a reasonable time. To this rule there are no exceptions. Notice is never required to be given or sent on the day following the day of default, when such requirement would be unreasonable. The instances in which notice within the time mentioned, is either waived or excused, do not come within the more restricted rule.

24

IV. MANNER AND MODE of Giving NOTICE.

§828. Division of Subject.

829. Where and how Served, if duly Received.

830. Illustration of Above.

831. Whether Written or Oral.

832. Verbal Notice Delivered to Wife.

833. Should be Written to Distant Parties.

834. Form and Contents.

835. No Form Prescribed.

836. Immaterial Omissions.

837. Date of Maturity held Immaterial.

838. Omission of Name of Payee.

839. Clerical Error will not Always Vitiate.

840. Mere Ambiguities not Fatal.

841. Must show Presentment on Business Day.

842. Signed by one having Authority.

843. Where and How Served.

844. Parties Residing in Same Place.

845. Indorser Temporarily Absent.

846. What Constitutes Place of Business.

847. Where Residence Known.

848. By Post, Delivery must be Proved.

849. Different Meaning of the word Town.

850. By Post, between Different Villages in same Town.

851. Leaving at Place of Residence or Business.

852. Residence in one Place, Business in Another.

853. "Place of Business" and "Residence" and what amounts to leaving Notice at Either.

854. Residence.

855. Need not be Domicile.

856. Leaving Notice at Residence.

857. Leaving at Boarding House.

858. Leaving at Counting House with Pretended Agent.

859. Will not Suffice to Leave Near the Place.

860. Illustration of Same Principle.

861. Corresponding Number not Sufficient to Identify.

862. Several Places of Business, Either will Suffice.

863. Holder may Elect between Place of Business and Residence. 864. May be Left when no one there to Receive It.

865. At Business Place must be to Proprietor.

866. Office of Directors of Corporation.

867. Case Distinguished from Above.

868. Difference in Time at Residence or Business Place.

869. By Mail between Residents of Same Place.

870. Letter Carriers.

871. Drop Letters Required to be Stamped.

872. Penny Post.

873. Baltimore and other large Cities.

874. Established Custom of Bank.

875. May be sent by Post when Authorized by Indorser. 876. Parties Living near Place of Dishonor.

877. Illustration of Same.

878. Partners-One Resident, one Non-resident.

879 Case Requiring Personal Notice to Country Indorser.

880. Indorser Three Miles Distant.

881. Party Residing at a Great Distance from Postoffice.

882. Parties Residing near Different Post Towns.

883. Office to which Party usually Resorts.

884. General Adoption of Service by Mail.

885. Exceptional Case.

886. Necessity of a Rule.

887. Different Offices in Same Town

888. General Direction to Town prima facie Sufficient.

889. Private Messenger.

890. Address to Residence or Business Place when Known.

891. Must be Addressed to Place of Residence.

892. Indorser may be Notified at Place he Pretends to Reside.

893. Exception to Cases where Mail most Convenient Mode. 894. When Holder may choose between Places.

895 Illustration of Above.

896. Contra.

897. Distance made the Governing Fact.

898. Criticism of Foregoing-True Rule.

899. To Principal Office of Parish.

900. To County Seat.

901. To Principal Office of Town.

902. Should be Inquiry Made.

903. Proper Inquiry for Residence in Another Town.

904. Sufficient Inquiry Question for Jury.

905. Transient Indorser.

906 Temporary Abode not Residence.

907. Member of Congress.

908. Last Known Residence, when Sufficient. 909. Diligent Inquiry for Unknown Residence. 910. Inclosing Notices to all to last Indorser.

911. Transitory Place of Business.

912. By Mail when Holder and Indorser are Fellow Townsmen.

913. Agent of Holder, to Indorser in Same Place.

914. Circuitous Notice by Mail between Resident of Same Place. 915. Designated Place of Payment-Inquiry.

916. Put upon Inquiry.

917. Insufficient Inquiry.

918. Sending Notice to where Instrument Dated, Insufficient.

919. Inquiry of Maker, Insufficient.

920. Acting on Information from one of the Parties Sufficient. 921. Inquiry of Drawer.

922. Previously Acquired Knowledge.

923. Former Communications.

924. Surname Alone Insufficient.

925. Delay Chargeable to Indorser.

926. Holder Misled by Place of Date.

927. Address Should Include Name of State. 928. When Address Designated by Indorser. 929. Delay from Sending by Unusual Route.

§ 828. Division of Subject. — In deciding whether notice of the dishonor of negotiable paper has been given in a proper manner and by the proper modes, the questions of primary consideration are, 1. Whether the notice should be oral or in writing; 2. Its form and contents; 3. Where and how it should be served upon the party to be charged.

$829. Where and how Served, if duly Received.—The importance of the last mentioned of these considerations only arises in the event of a failure, on the part of the party sending or delivering the notice, to trace it to the person to be notified. If the notice be full and accurate enough to inform the party to be charged of all the important particulars connected with the dishonor of the bill or note; if sent or delivered in the proper time, by the proper party, and to the proper party, and by him duly received, it becomes immaterial whether it was personally delivered by the party interested in charging him with notice, by a private messenger, or was inclosed in a letter sent through the mails. It may be delivered at the residence or place of business of the party notified, come to his hand in the midst of a public gathering, overtake him on his travels, or be handed to him on the street, with equal effect, provided

the important fact that he actually received it can be established. It is only when, through misadventure or accident, the notice has failed to reach the indorser or drawer sought to be charged, in due time, or the fact of its receipt is difficult to establish, that the manner of service becomes of any importance.1

§ 830. Illustration of Above. So it has been held that, where a note was dishonored in the same place where the indorser resided, and might have been personally served with notice of the dishonor, that a written notice, sent through the postoffice, and received by him on the day he would have been entitled to receive it had it been personally served, being in proper form, and containing information of the dishonor, so expressed as to convey intelligence thereof to the indorser, was sufficient, notwithstanding the irregularity of the manner of sending it.2 §831. Whether Written, or by Parol. For the purpose of perpetuating the evidence, and establishing the fact in case of dispute, the notice should generally be in writing. This is invariably true of foreign bills, from the necessity of the case. There, in order to charge prior parties with notice, it becomes necessary to have the bill officially protested, and the writing of the notice follows, almost as matter of course. But in case of a negotiable promissory note or an inland bill of exchange, where the drawer or indorser may be charged with notice without protesting the paper, there is a greater likelihood of a departure from the safe and convenient method of giving notice in writing. And unless otherwise provided by statute, a verbal notice will be as effective as a written one, provided it conveys the necessary information between the proper parties, within the prescribed time.3

'Dickens v. Beal, 10 Pet., 572; Bradley v. Davis, 26 Me., 45; Hyslop v. Jones, 3 McLean, 96; Nevius v. Bank of Lansingburg, 10 Mich., 547; Smedes v. Utica Bk., 20 Johns., 371.

'Grinman v. Walker, 9 Iowa, 426; Shaylor v. Mix, 4 Allen, 351; Cabot Bk. v. Warner, 10 Id., 522.

Housego v. Cowne, 2 M. & W., 348; Williams v. Bank of U. S., 2 Peters, 96; Metcalf v. Richardson, 20 Eng. L. & Eq., 301; Thompson v. Williams, 14 Cal., 160.