Durden v. Smith

Citations

• 44 Miss. 548

Syllabus

<p>1. Public wae^Suseension of intebcoubse — Bill oe exchange — Pbotest.—Where a bill of exchange was drawn and indorsed by parties residing and doing business at Lexington, in this state, and accepted by parties residing and doing business in New Orleans, and transferred to parties in New York, dated 11th March, 1861, and due twelve months thereafter ; and the city of New Orleans was captured by the federal forces, in May, 1861, and held by them until the close of the war, and all intercourse between that place and Lexington, in this state, was prohibited by the fores of public law; and the bill was protested for non-payment, 24th February, 1883, nearly twelve months after it fell due ; the notary stated in his protest, that the offico of the acceptors was closed, and there was no person about the premises of whom demand couldbe made, and that notice of protest was sent on the next day, through the post-office, postage paid, to the drawer and indorsers, at Lexington, Miss., their place of residence. Held: That this protest was not, undor tho special circumstances, within reasonable time, and it is not sufficient to fix the liability oí the drawer and indorsers.</p> <p>2. Same. — The holders of tho bill residing in Now York wore not required to transmit it to New Orleans, so long as civil war, military operations, or public authority suspended business intercourse between the two cities ; and the right of the plaintiffs to hold any communication in reference to the bill of exchange with the acceptors, so long as New Orleans was occupied and controlled by confederate authority, was cut-off and wholly suspended. So, after the capture of New Orleans by tho federal forces, allintereourse of whatever nature, between it and Lexington, Miss., was prohibited by force of public law, an.dthaprodamation.of the president of the United States.</p> <p>3. Same. — war puts an end to all dealings and communications botween people of belligerent nations; and they cannot commence or c