Page:United States Statutes at Large Volume 76A.djvu/348

–252– -252§ 4439. Notice to antecedent party; time Where a party receives notice of dishonor, he has, after the receipt of such notice, the same time for giving notice to antecedent parties that the holder has after the dishonor. § 4440. Place where notice must be sent 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 post office nearest to his place of residence, or to the post office where he is accustomed to receive his letters; or (2) if he lives in one place, and has 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 chapter, it will be sufficient, though not sent in accordance with the requirements of this section. § 4441. Waiver of notice 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. § 4442. Waiver of notice; persons affected by waiver Where the waiver is embodied in the instrument itself, it is binding upon all parties; but where it is written above the signature of an indorser, it binds him only., § 4443. Waiver of protest 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 formal protest, but also of presentment and notice of dishonor. § 4444. Dispensing with notice 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. § 4445. Delay; excuse 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. § 4446. Notice to drawer; when dispensed with 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) when the drawee is a fictitious person or a person not having capacity to contract; (3) when the drawer is the person to whom the instrument is presented for payment; (4) where the drawer has no right to expect or require that the drawee or acceptor will honor the instrument; (5) where the drawer has countermanded payment. § 4447. Notice to indorser; when dispensed with Notice of dishonor is not required to be given to an indorser in either of the following cases:

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