Marks v. Boone

Citations

• 24 Fla. 177

Syllabus

<p>1. An order made in term allowing “ sixty days additional time ” for settling a bill of exceptions, gives sixty days after the adjournment of the term.</p> <p>2. Where the bolder of a promissory note and ail endorser entitled to notice of its dishonor by the maker reside in the same plane, the holder has until the expiration of the day following that of its dishonor to give the notice.</p> <p>3. The rule laid down in Sanderson’s Adm’rs vs. Sanderson, 20 Fla., 292, as to notice when the parties reside in different places, and there is a mail on the day following the day of dishonor by the maker, approved.</p> <p>4. The burden of proving that the notice was duly given is oil the plaintiff and lie must show distinctly that it was given in the time required by law. Proof of the habitual promptness of the holder and his attorney in giving notice in such cases, and of the fact that the former put the note in the latter’s hands for collection “in two or three days, or loss time,” after its dishonor, is not sufficient to fi < the time at which notice was given in a particular case and the liability of the endorser.</p> <p>5. The charge of a judge as to the time within which notice of dishonor should be given to an endorser of a promissory note, should state definitely the time allowed by the law, and should not leave it to the jury to determine what is prompt notice or reasonable diligence in giving notice under the circumstances of the case.</p> <p>6. When the testimony does not support the verdict a new trial will be granted.</p>