Corbin v. Planters National Bank

Citations

• 87 Va. 661
• 13 S.E. 98
• 1891 Va. LEXIS 118

Syllabus

<p>1. Discontinuance—Code, £ 3396, construed.—The discontinuance provided for by this section is a discontinuance as against any one or more defendants upon whom process has not been served.</p> <p>2. Inland Bills—Proof of dishonor.—The rule that protest of foreign bills of exchange is ordinarily indispensable, and that the notarial certificate is prima fade evidence of presentment, and non acceptance or non-payment, does not apply to promissory notes and inland bills. As to these there must be proof aliunde of presentment and dishonor.</p> <p>3. Lex Loci Contractus—Lex fori.—The former determines whether or not an instrument is negotiable. The latter determines what is evidence of presentment and dishonor.</p> <p>4. Promissory Notes—Code, \\\\2849, 2850.—Inland bills payable outside this State and promissory notes are not protestable under these sections, and the notarial certificate is not evidence of their dishonor.</p> <p>5. Notice of Dishonor—Burden of proof.—It is settled that, ordinarily, where the parties reside at different places, notice of dishonor should be forwarded the day after dishonor, if practicable, at the latest. And each successive party receiving the notice is entitled to a full day to transmit it to any party that is answerable over to him upon payment of the bill or note. Plaintiff must strictly prove such notice as a condition precedent to recovery.</p>