FORMS OF NOTICE OF PROTEST. THE following forms have been prepared after careful investigations of the subject, and with a view to combine all the information required by the latest decisions of the State Courts. In the case of the MECHANICS' BANK vs. SULLIVAN, before the Supreme Court of New-York, at Brooklyn, in 1863, it was decided that the printed signature to a notice of protest, by a notary public, is valid. ...... FORM USED IN NEW-YORK. New-York, 186 Please to take notice, that a promissory Note for $...., made by endorsed by you, having been duly presented and payment thereof demanded, which was refused, is therefore protested for nonpayment, and that the holders look to you for payment thereof. Notary Public. FORM OF NOTICE USED BY THE NOTARY OF THE PHILADELPHIA BANK. for protest by the Bank of Philadelphia, being this day due, demanded and refused, it has been by me duly protested accordingly, and you will be looked to for payment, of which you hereby have notice. Notary Public. FORM USED BY THE NOTARY OF THE BANK OF VIRGINIA. $. Take notice, that day of 186, and payable of at the the Bank note for $........, dated the ...... .... days after date, to the order Bank of Virginia, and endorsed by being due and unpaid, the same was presented by me at and payment thereof then and there demanded, which was refused. Whereupon the said note was dishonored, and I duly protested the same for non-payment, and the holders look to you for payment, as endorser thereof, for principal, interest, damages and costs. Done at the request of the Cashier of the Bank of Virginia. Notary Public. FORM ADOPTED BY THE CAYUGA COUNTY BANK, NEW-YORK. order of Sir,-Take notice, that a promissory note made by dollars, dated after date, this day due, endorsed by you, was this day presented by me, at the Cayuga County Bank, where the same was made payable, and payment thereof demanded of the of said bank, and by him reThe holder looks to you .......... fused, and is this day protested for non-payment. for the payment of the same. To Notary Public. FORM OF NOTICE USED IN VERMONT. A promissory note for .... after date, to ... dollars, dated dorsed by ., having been duly presented for payment this day, and payment refused, has been protested by me for non-payment. I now hereby give you notice, that the holder looks to you for payment, interest, cost and damages. Notary Public. FORM USED BY THE NOTARY OF THE SUFFOLK BANK, BOSTON. Sir,-A promissory note for $....... ... payable to the order of dorsed by having been protested by me this day for nonpayment, I hereby notify you that the holder looks to you for payment, interest, cost and damages, payment having been duly demanded and refused. Done at the request of the Cashier of the is protested for non-payment, by direction of the holder, payment having been duly demanded and refused. The holder requires of you payment of the same, with interest, cost and damages. Notary Public. REMARKS. Judge STORY, in his Treatise on Promissory Notes, says: The endorsement of a promissory note, in contemplation of law, amounts to a contract on the part of the endorser, with and in favor of the endorsee, and every subsequent holder to whom the note is transferred. First, that the instrument itself and the antecedent signatures thereon are genuine. Second, that he, the endorser, has a good title to the instrument. Third, that he is competent to bind himself by the endorsement as endorser. Fourth, that the maker is competent to bind himself to the payment, and will, upon due presentment of the note, pay it at maturity. Fifth. That if, when duly presented, it is not paid by the maker, he, the endorser, will, upon the due and reasonable notice given to him of the dishonor, pay the same to the endorsee or holder. There is no particular form of notice required, but it is indispensable that it should, either expressly or by just and natural implication, contain, in substance, the following requisites: 1st. A true description of the note, so as to ascertain its identity. 2d. An assertion that it has been duly presented to the maker at its maturity, and dishonored. 3d. That the holder or other person giving the notice, looks to the person to whom the notice is given, for payment and indemnity. This statement is essential to establish the claim or right of the holder, or the party giving notice, for otherwise he will not be entitled to any payment from the endorser. It will be sufficient, indeed, if the notice sent, necessarily, or even fairly, implies by its terms that there has been a due presentment and dishonor at the maturity of the note; but mere notice of the fact that the note has not been paid, affords no proof whatever that the note has been presented in due season, or even that it has been presented at all. The Supreme Court of the United States have decided, that "where a notice is sent, after the exercise of due diligence, and inquiry as to the residence of the endorser, a right of action immediately accrues to the holder, and subsequent information of another character as to the true residence of the endorser does not render it necessary for the holder to send him another notice. The law does not require actual notice. It requires reasonable diligence only, and reasonable efforts, made in good faith, to give it. And if sufficient inquiries have been made, and information received, upon which the holder has a right to rely, a mistake as to the nearest postoffice does not deprive him of his remedy. He has done all that the law requires; and the notice thus sent fixes the liability of the endorser as effectually as if he had actually received it.—(Howard's Reports, vol. ix.) Waiver of Notice.-In Maine it has been decided, that if the endorser of a promissory note knew that the note would not be paid on presentment, and that the maker had deceased, and his estate insolvent, such knowledge would not relieve the holder from his obligation to make the presentment and give due notice of dishonor. Decease of Maker.-When the maker of a promissory note dies before it becomes payable, the holder should make inquiry for his personal representative, if there be one, and present the note at maturity for payment. By whom held.-It has been held that notice of dishonor need not state on whose behalf payment is applied for, nor where the bill is lying; and a misdescription of the place where the bill is lying is immaterial, unless perhaps a tender were made there. Kentucky. The place where a bill of exchange is dated is, prima facie, the residence of the drawer, and, in the absence of proof to the contrary, notice sent to that place will be good. In Massachusetts, (R. S. 303.) all bills of exchange payable at sight, or at a future day certain, and all promissory negotiable notes payable at a future day certain, within that State in which there is no express stipulation to the contrary, grace is allowed as it is by the custom of merchants on foreign bills of exchange, payable at a certain period after date or sight. These provisions do not extend to any bill of exchange, note or draft, payable on demand. In Louisiana, the 1st of January the 8th of January, the 22d of February the 4th of July, the 25th of December, Sundays and Good Friday, are days of public rest. When the third, or both third and second days of grace on a bill or note falls upon a day of rest, such bill or note shall become due in the one case on the second, and the other on the first day of grace. In computing the delay allowed in giving notice of non-payment or non-acceptance of a bill or note, the days of public rest are not counted. (Bullard & Curry's Digest, 40.) In Michigan, days of grace are not allowed upon any bill, note or draft, payable on demand, but are allowed upon all bills payable at sight, or at a future day certain, within the State, and all negotiable promissory notes and drafts payable at a future day certain within the State, wherein there is no express stipulation to the contrary. (2 R. S. of 1846, 157.) In New-Hampshire, days of grace are allowed on all negotiable prom. issory notes, except those payable on demand, unless the instrument show the intention of the parties to be otherwise. (R. S. 180.) In Vermont, bills and notes executed in any other State, but payable in that State, and all bills and notes executed in that State, and payable in any other State, are entitled to three days' grace; this does not extend to bills and notes payable on demand, or in any way but in money. (R. S. 73.) ALPHABETICAL INDEX TO SUBJECTS CONTAINED IN THE MANUAL FOR NOTARIES PUBLIC AND BANKERS. FOURTH EDITION, 1864. PUBLISHED BY I. SMITH HOMANS, Jr., NEW-YORK. of non-existing bill, 44, 47. law of New-York, as to, 45. statutes relating to, 171. erasure of, 47, 1"1. waiver of, 47, 171. Acceptance, duty of holder, 49, 50. duties of acceptor, 50. Acceptance for better security, 50. presentment for acceptance to, 41. bills or notes, when, binds principal, 56. presentment for acceptance by, 40. liability of, in giving notice, 83, 180. by partners or several drawees, 47. Alabama, interest law of, 337. of non-existing bill, 47, 171. by agent, 47. mode of, 46, 49. duties of holder after, 49, 50. effect of, 50. by whom, 50. what admitted by, 51. law of bills of exchange, 206. Assignees, present, for acceptance to, 42. Assignment of bills and notes, 192. Bank notes, law of, 197. what, 198. liabilities of bank or banker, 198. |