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The Annotated Code of the Public General Laws of Maryland, 1939
Volume 379, Page 487   View pdf image (33K)
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BILLS OF EXCHANGE AND PROMISSORY NOTES 487

An. Code, 1924, sec. 127. 1912, sec. 127. 1904, sec. 127. 1898, sec. 119.

127. Where a party has added an address to his signature, notice of
dishonor must be sent to that address; but if he has not given such address,
then the notice must be sent as follows:

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 be sent to either place; or

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

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

An. Code, 1924, sec. 128. 1912, 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.

Cited but not construed in Rhoads v. National Bank, 172 Md. 126.

An. Code, 1924, sec. 129. 1912, 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, 1924, sec. 130. 1912, 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, 1924, sec. 131. 1912, 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, 1924, sec. 132. 1912, 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, 1924, sec. 133. 1912, 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, 1939
Volume 379, Page 487   View pdf image (33K)
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