Dunbar v. Tyler

Citations

• 44 Miss. 1

Syllabus

<p>1. IMBLIED AUTHORITY TO DRAW BILLS 03? EXCHANGE. — D. drew his bill OH N. & Co., of New Orleans, wbo accepted it. D. was, and bad been for many years, a planter, and consigned bis crops of cotton to tbe bouse of N. & Co., wbo were bis factors, and wbo received and sold tbe same, and accepted and paid bis bills, from time to time, there having been, during all that time, running or open accounts between tbe parties, and this bill was drawn on tbe expectation that tbe proceeds of tbe then growing crop would be realized to meet its payment. These facts created im-pbed authority to D. to draw tbe bill in question, and justified bis expectation that it would be paid at maturity, and be was entitled to notice of non-payment.</p> <p>2. Same — Protest excused by reason of war — Diligence.—The bill was dated April 7th, 1862, payable six months after date, and accepted ; but before maturity thereof, New Orleans was captured by tbe Bederal forces, and all intercourse between tbe parties prohibited by tbe laws of war. And although this state of things prevented tbe bolder of tbe bill, wbo resided at Natchez, from presenting tbe bill for payment, at maturity, and relieved him for the time being, from tbe necessity of attempting to do so ; yet it was his duty, in order to preserve the liability of the drawer, to present it as soon after tbe removal of those unavoidable obstacles, as was practicable; and in default of bis finding the acceptors, be was bound to use all due diligence to find them, and to give due notice thereof, and tbe failure to find.</p> <p>3. Same — Duty of holder. — It is incumbent on tbe bolder of a bill of exchange, payable at a particular time, if be would fix tho liability of the drawer, to present it for payment on that day, and to give notice, in case of non-paymont; and if ho has made every reasonable effort and used proper diligence to make demand, but has been prevented by impediments not referable to bis o^b neglect, be will be excused, if he gives