OF

NEGOTIABLE INSTRUMENTS,

INCLUDING

BILLS OF EXCHANGE; PROMISSORY NOTES; NEGOTIABLE BONDS
AND COUPONS; CHECKS; BANK NOTES: CERTIFICATES OF
DEPOSIT; CERTIFICATES OF STOCK; BILLS OF CREDIT;
BILLS OF LADING; GUARANTIES; LETTERS OF
CREDIT; AND CIRCULAR NOTES.

BY JOHN W. DANIEL,

OF THE LYNCHBURG (VA.) BAR.

"Out of the old fieldes,

Cometh al this new corne."-CHAUCER.

"Non erit alia lex Romæ, alia Athenis, alia nunc, alia posthac, sed et apud omnes gentes,
et omni tempore, una eademque lex obtinebit."-CICERO.

IN TWO VOLUMES.

VOL. II.

THIRD EDITION.

NEW YORK:

BAKER, VOORHIS & CO., PUBLISHERS.

66 NASSAU STREET.

339312

Entered, according to the Act of Congress, in the year eighteen hundred and seventy-six, by
JOHN W. DANIEL,

In the office of the Librarian of Congress, at Washington.

Copyright by JOHN W. DANIEL, 1879.

Copyright by JOHN W. DANIEL, 1882.

TABLE OF CONTENTS OF VOL. II.

BOOK IV.

PROTEST AND NOTICE; AND EXCUSES FOR
WANT OF PRESENTMENT, PROTEST, AND
NOTICE.

CHAPTER XXVIII.

THE PROTEST OF BILLS AND NOTES,

SECTION I. The nature and necessity of protest,

II. By whom and where protest should be made,

III.

Formal making, preparation, and authentication of

protest,

IV. Contents of protest,

V. The protest as evidence,

CHAPTER XXIX.

NOTICE OF DISHONOR OF NEGOTIABLE INSTRUMENTS,

SECTION I. Nature and necessity of notice,

II. Formal and essential elements of notice,

III. Who may give notice of dishonor,

IV. To whom notice of dishonor should be given,

PAGE

I

I

7

ΙΟ

V. Mode and formalities of giving notice when the party

giving and the party to receive it reside in the

same place,

VI. Mode of serving notice when the party giving and the

party to receive it reside in different places,

VII. Time within which notice may and must be given,

VIII. The allegation and proof of notice,

87

97

CHAPTER XXX.

PAGE

CIRCUMSTANCES OF A GENERAL NATURE WHICH EXCUSE WANT OF

PRESENTMENT, PROTEST, AND NOTICE,

SECTION I. War, interdiction of intercourse, and occupation of

107

108

I12

.

CHAPTER XXXI.

SPECIAL CIRCUMSTANCES OF EXCUSE WHICH SHOW AN ORIGINAL

ABSENCE OF RIGHT TO REQUIRE PRESENTMENT, PROTEST, or

NOTICE,

SECTION I. Drawing a bill without a right to do so,

117

117

II. When the party is under an 'obligation to provide for

payment,

128

CHAPTER XXXII.

SPECIAL CIRCUMSTANCES OF EXCUSE FOR WANT OF PRESENTMENT,

PROTEST, AND NOTICE, ARISING FROM SPECIAL ACTS OF WAIVER, [34

SECTION I. Special written and verbal waivers of presentment, pro-

test, and notice. General principles respecting

waivers,

134

II.

III.

Special waivers after the execution of the bill or note,

By whom and to whom waiver of demand, protest, and

notice must be made,

SPECIAL CIRCUMSTANCES OF EXCUSE WHICH SHOW AN INABILITY

ON THE PART OF THE HOLDER TO MAKE DUE DEMAND, PRE-

SENTMENT, OR PROTEST, OR GIVE DUE NOTICE,

SECTION I. When there is no person in existence upon whom de-

mand can be made, or who is legally bound,

The impracticability of finding the party to whom pre-

sentment should be made or notice given; or

ascertaining his residence or place of business,

III. Receiving the bill or note too late as excuse for want

of presentment and notice,