Burton v. McCaskill

Citations

• 79 Fla. 173
• 83 So. 919

Syllabus

<p>1. Notice of dishonor for non-payment of a promissory note may be in writing, or merely oral, and may be given in' any terms which sufficiently identify the instrument and indicate that it has been dishonored for non-payment.</p> <p>2. Notice of dishonor may be waived, either before the time of giving notice has arrived, or after the omission to give due notice, and the waiver m.ay be express or implied.</p> <p>3. Where the president and general manager of a corporation indorse the note of the corporation before its acceptance, and the note is afterwards transferred by indorsemnt to a bank, and the indorsers before and after the maturity of the note, discuss with the bank the matter of further extension of time and indulgence for the payment of the note upon its maturity, and after the note has become due, these endorsers solicit the bank, the holder and owner of the note, to accept a new note payable to the original payee in the note past due for the amount of the principal and interest on said past due note and secure such consent and cause the new note to be actually drawn and they indorse it, such acts constitute an implied waiver of notice of dishonor for non-payment.</p> <p>4. Where the indorsers of a note of a corporation, which note had been negotiated by indorsement to a bank after the note became due and was not paid, make arrangements with the bank for indulgence and extension of time of payment of the note by the giving of a new note to the original payee to include the principal and interest of the old note, and and write to the payee and advise him of such arrangements that they had made, and urge the payee to agree to such agreement, and to indorse the new note to the holder of the original note, such acts constitute a waiver of notice of dishonor for non-payment of the note.</p> <p>5. If after all the evidence of all the parties shall have been submitted it be apparent to the Judge of the Circuit Court that no sufficient evidence has been submitte