Page:United States Statutes at Large Volume 76A.djvu/347

–251– -251§ 4429. Notice to party or agent Notice of dishonor may be given either to the party himself or to his agent in that behalf. § 4430. Notice to deceased party When any party is dead, and his death is known to the party giving notice, the notice must be given to a personal representative, if there be one, and if with reasonable diligence he can be found. If there be no personal representative, notice may be sent to the last residence or last place of business of the deceased. § 4431. Notice to partners Where the parties to be notified are partners, notice to any one partner is notice to the firm, even though there has been a dissolution. § 4432. Notice to persons jointly liable Notice to joint parties who are not partners must be given to each of them, unless one of them has authority to receive such notice for the others. § 4433. Notice to bankrupt Where a party has been adjudged a bankrupt or an insolvent, or has made an assignment for the benefit of creditors, notice may be given either to the party himself or to his trustee or assignee. § 4434. Time within which notice must be given Notice may be given as soon as the instrument is dishonored; and unless delay is excused as hereinafter provided, must be given within the times fixed by this chapter. § 4435. Time where parties reside in same place Where the person giving and the person to receive notice reside in the same place, notice must be given within the following times: (1) if given at the place of business of the person to receive notice, it must be given before the close of business hours on the day following; (2) if given at his residence, it must be given before the usual hours of rest on the day following; (3) if sent by mail, it must be deposited in the post office in time to reach him in usual course on the day following. § 4436. Time where parties reside in different places Where the person giving and the person to receive notice reside in different places, the notice must be given within the following times: (1) if sent by mail, it must be deposited in the post office in time to go by mail the day following the day of dishonor, or if there be no mail at a convenient hour on that day, by the next mail thereafter; (2) if given otherwise than through the post office, then within the time that notice would have been received in due course of mail, if it had been deposited in the post office within the time specified in the last subdivision. § 4437. Due notice; miscarriage in mails Where notice of dishonor is duly addressed and deposited in the post office, the sender is deemed to have given due notice, notwithstanding any miscarriage in the mails. § 4438. Deposit in post office defined Notice is deemed to have been deposited in the post office when deposited in any branch post office or m any letter box under the control of the Postal Service.

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