Welch v. B. C. Taylor Manufacturing Co.

Citations

• 82 Ill. 579

Syllabus

<p>1. Bill of exchange—drawer entitled to notice of non-acceptance or non-payment. To charge the drawer of a bill of exchange by the payee, upon the ground of non-acceptance or non-payment, it is usually essential that proof be made of prompt notice to the drawer of such non-payment or non-acceptance, as the case may be.</p> <p>2. Notice to the drawer of a bill of exchange of its non-acceptance or non-payment by the drawee is not essential, when the drawer is so situated that he can not be prejudiced by.the want of notice.</p> <p>3. Same—want of notice of non-payment excuses drawm- when such, want of notice may have injured him. When a drawer of a bill of exchange; in good faith, believes that he has funds in the hands of the drawee to meet the bill, though, in fact, he may not have such funds, he is entitled to prompt notice of the non-acceptance or non-payment, and if such notice is not given lie will not be liable to the payee. In such case the law does not require the drawer to show that he has been actually injured by the want of notice, but only that he may have been so injured.</p>