Carolina National Bank v. Wallace

Citations

• 13 S.C. 347
• 1880 S.C. LEXIS 57

Syllabus

<p>1. Notice of non-payment of a promissory note to one of two executors of a deceased endorser, is sufficient.</p> <p>2. While the general rule requires that where the parties reside in the same city or town, notice of dishonor must be given personally to the endorser, or, in his absence, must be left at his residence or place of business, yet where the note is made payable at a bank whose usage it is to give such notices through the post office, that mode of giving notice will be sufficient. Whether such usage exists, is a question of fact for the jury.</p> <p>-3. An endorser is bound by notice of dishonor actually received in due time, and where there is any evidence in the case tending to show such receipt, the question should be submitted to the jury.</p> <p>•4. Where the endorser of a note dies before its maturity, and the maker becomes executor, notice to such executor of non-payment is necessary to fix the liability of the endorser's estate.</p>