Brown v. Bank of Abingdon

Citations

• 85 Va. 95
• 7 S.E. 357
• 1888 Va. LEXIS 15

Syllabus

<p>1. Negotiable Instruments&emdash;Dishonor&emdash;Notice&emdash;General Rule.&emdash;When he that has to give, and he that is chargeable with, notice, reside within the same post-office delivery, the general rule is that notice must be delivered to the latter, or left at his residence or place of business. ■</p> <p>2. Idem&emdash;Post-Offices&emdash;Usage.&emdash;In the absence of a usage of the bank known to endorser at the time of endorsement, to send through the post-office notices to endorsers living outside the town, but in the vicinity, post-offices are not places to deposit notices to endorsers, except where the same are to be transmitted by mail to another post-office.</p> <p>3. Idem&emdash;Case at Bar.&emdash;Endorser resided just outside corporate limits. No notice was served on him in person, or left at his residence or place of business. But notice directed to him was dropped into the post-office, without proof of bank’s usage; known to endorser when he endorsed, so to send notices to persons living outside but near the town.</p> <p>Held :</p> <p>Not sufficient to charge endorser.</p>