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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 384   View pdf image (33K)
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384 ARTICLE 13.

1. Either to the postoffice nearest to his place of residence, or to the
postoffice where he is accustomed to receive his letters; or

2. If he live in one place, and have his place of business in another,
notice may he sent to either place; or

3. If he is sojourning in another place, notice may he sent to the place
where he is sojourning.

But where the notice is actuially received by the party within the time
specified in this article, it will he sufficient, though not sent in accordance
with the requirements of this section.

An. Code, sec. 128. 1904, sec. 128. 1898, ch. 119.

128. Notice of dishonor may be waived, either before the time of giving
notice has arrived, or after the omission to give due notice, and the waiver
may be express or implied.

This provision is declaratory of the common law. How waiver may be implied.
Long and definite course of dealing establishing regular system of renewals whereby
payees dispensed with formal notice of dishonor and endorser joined in successive
renewals, held sufficient to go to jury on issue of waiver. Apparent authority.
Linthicum v. Bagby, 131 Md. 646.

The principle stated in this section was established long before the passage of the
negotiable instruments act. This section applied. Schwartz v. Wilmer, 90 Md. 141.

An. Code, sec. 129. 1904, sec. 129. 1898, ch. 119.

129. Where the waiver is embodied in the instrument itself, it is bind-
ing upon all parties; but where it is written above the signature of an
indorser, it binds him only.

An. Code, sec. 130. 1904, sec. 130. 1898, ch. 119.

130. A waiver of protest, whether in the case of a foreign bill of
exchange or other negotiable instrument, is deemed to be a waiver not only
of a formal protest, but also of presentment and notice of dishonor.

An. Code, sec. 131. 1904, sec. 131. 1898, ch. 119.

131. Notice of dishonor is dispensed with when, after the exercise of
reasonable diligence, it can not be given to or does not reach the parties
sought to be charged.

An. Code, sec. 132. 1904, sec. 132. 1898, ch. 119.

132. Delay in giving notice of dishonor is excused when the delay is
caused by circumstances beyond the control of the holder and not imputable
to his default, misconduct or negligence. When the cause of delay ceases
to operate, notice must be given with reasonable diligence.

An. Code, sec. 133. 1904, sec. 133. 1898, ch. 119.

133. Notice of dishonor is not required to be given to the drawer in
either of the following cases:

1. Where the drawer and drawee are the same person;

2. Where the drawee is a fictitious person or a person not having capacity
to contract;

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 384   View pdf image (33K)
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