Sanderson v. Sanderson's Administrators

Citations

• 20 Fla. 292

Syllabus

<p>1. It is too late upon a second appeal, after hearing upon a former appeal and remanding- the case, to object that an original protest of a note and certificate of a Notary are not evidence of the facts which they narrate, no such objection having been made and insisted upon at the time of their introduction in evidence.</p> <p>2. Where the indorser of a promissory note resides in a different place from the point at which it is payable, notice of the default of the maker must be deposited in the post-office in time to be sent by the mail of the day succeeding the day of the -dishonor of the note, provided the mail of that day be not closed at an unreasonably early hour, or before early and convenient business hours, in which case it must be sent by the next mail thereafter. Where the notice is not mailed until the second day after the dishonor of the note, and no circumstance which would extend the time is shown, it is not sufficient to bind the indorser.</p> <p>3. If there has not been any due presentment and notice of dishonor of a note, and the indorser, after the maturity of the note supposing himself liable to pay it, takes security therefor from the maker, that will not alone amount to a waiver of the objection of the want of due presentment and due notice. The presumption there is that he takes the security merely as contingent security in case of his liability, but if the evidence is of such character as to show an admission of unconditional liability, and that evidence consists of such an admission to one who afterwards be came the administrator of the indorser, and other circumstances, the amount of the claim so paid by the administrator should not be charged against him as a devastavit.</p> <p>4. An administrator, under the statute, is a competent witness to declarations and admissions of the deceased intestate as to claims against him.</p> <p>5. One of two partners, as attorneys at law, has a right to share in the sums realized by the other as commiss