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3182. 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. 1917–1547.
3183. 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 title. 1917–1547.
3184. 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. 1917–1547.
3185. 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. 1917–1547.
3186. 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. 1917–1548.
3187. Notice is deemed to have been deposited in post office when deposited in any branch post office or in any letter box under the control of the post office department. 1917–1548.
3188.' 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. 1917–1548.
3189. 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 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 title, it will be sufficient, though not sent in accordance with the requirements of this section. 1917–1548.
3190. 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. 1917–1548.
3191. 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. 1917–1548.
3192. 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. 1917–1548.
3193. 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. 1917–1548.
3194. 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. 1917–1548.
3195. 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 fictitous 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. 1921—214.
3196. Notice of dishonor is not required to be given to an indorser in either of the following cases;
(1) Where the drawee is a fictitious person or a person not having capacity to contract, and the indorser was aware of the fact at the time he indorsed the instrument;
(2) Where the indorser is the person to whom the instrument is presented for payment;
(3) Where the instrument was made or accepted for his accommodation. 1917–1549.
3197. Where due notice of dishonor by nonacceptance has been given notice of a subsequent dishonor by nonpayment is not necessary, unless in the meantime the instrument has been accepted. 1917 -1549.
3198. An omission to give notice of dishonor by nonacceptance does not prejudice the rights of a holder in due course subsequent to the omission. 1917–1549.
3199. Where any negotiable instrument has been dishonored it may be protested for nonacceptance or nonpayment, as the case may be; but protest is not required except in the case of foreign bills of exchange. 1917–1549.
Discharge of Negotiable Instruments. Section
Section 3200. Instrument; how dis 3204. Cancellation; unintentioncharged.
al; burden of proof. 3201. When persons secondarily 3205. Alteration of instrument; liable on, discharged.
effect of. 3202. Right of party who dis- 3206. What constitutes a material charged instrument.
alteration. 3203. Renunciation by holder. 3200. A negotiable instrument is discharged
(1) By payment in due course by or on behalf of the principal debtor;
(2) By payment in due course by the party accommodated, where the instrument is made or accepted for accommodation;
(3) By the intentional cancellation thereof by the holder;
(4) By any other act which will discharge a simple contract for the payment of money;
(5) When the principal debtor becomes the holder of the instrument at or after maturity in his own right. 1917–1549.
3201. A person secondarily liable on the instrument is discharged(1) By any act which discharges the instrument; (2) By the intentional cancellation of his signature by the holder; (3) By the discharge of a prior party; (4) By a valid tender of payment made by a prior party;
(5) By a release of the principal debtor, unless the holder's right of recourse against the party secondarily liable is expressly reserved;
(6) By any agreement binding upon the holder to extend the time of payment, or to postpone the holder's right to enforce the instrument, unless made with the assent of the party secondarily liable, or unless the right of recourse against such party is expressly reserved. 1917–1549.
3202. Where the instrument is paid by a party Secondarily liable thereon, it is not discharged; but the party so paying it is remitted to his former rights as regards all prior parties, and he may strike out his own and all subsequent indorsements, and again negotiate the instrument, except
(1) Where it is payable to the order of a third person, and has been paid by the drawer; and
(2) Where it was made or accepted for accommodation, and has been paid by the party accommodated. 1917—1550.
3203. The holder may expressly renounce his rights against any party to the instrument, before, at or after its maturity. An absolute and unconditional renunciation of his rights against the principal debtor made at or after the maturity of the instrument discharges the instrument. But a renunciation does not effect the rights of a holder in due course without notice. A renunciation must be in writing, unless the instrument is delivered up to the person primarily liable thereon. 1917--1550.
3204. A cancellation made unintentionally, or under a mistake or without the authority of the holder, is inoperative; but where an instrument or any signature thereon appears to have been canceled the burden of proof lies on the party who alleges that the cancellation was made unintentionally, or under a mistake or without authority. 1917–1550.
3205. Where a negotiable instrument is materially altered without the assent of all parties liable thereon, it is avoided, except as against a party who has himself made, authorized or assented to the alteration, and subsequent indorsers.
But when an instrument has been materially altered and is in the hands of a holder in due course, not a party to the alteration, he may enforce payment thereof according to its original tenor. 1917 -1550.
3206. Any alteration which changes(1) The date; (2) The sum payable, either for principal or interest; (3) The time or place of payment; (4) The number or the relations of the parties; (5) The medium or currency in which payment is to be made; Or which adds a place of payment where no place of payment is specified, or any other change or addition which alters the effect of the instrument in any respect, is a material alteration, 1917—1550.
Bills of Exchange.
V. Acceptance for Honor.
Form and Interpretation. Section
Section 3207. Bill of exchange defined. 3210. Inland and foreign bills of 3208. Bill not an assignment of exchange.
funds in hands of drawee. 3211. When bill may be treated 3209. Bill addressed to more than as promissory note. one drawee.
3212. Referee in case of need.
3207. A bill of exchange is an unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. 1917–1551.
3208. A bill of itself does not operate as an assignment of the funds in the hands of the drawee available for the payment thereof, and the drawee is not liable on the bill unless and until he accepts the same. 1917--1551.
3209. A bill may be addressed to two or more drawees jointly, whether they are partners or not; but not to two or more drawees in the alternative or in succession. 1917—1551.
3210. An inland bill of exchange is a bill which is, or on its face purports to be, both drawn and payable within this state. Any other bill is a foreign bill. Unless the contrary appears on the face of the bill, the holder may treat it as an inland bill. 1917—1551.
3211. Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note. 1917–1551.
3212. The drawer of a bill and any indorser may insert thereon the name of a person to whom the holder may resort in case of need, that is to say in case the bill is dishonored by non-acceptance or non-payment. Such person is called the referee in case of need. It is in the option of the holder to resort to the referee in case of need or not as he may see fit. 1917–1551.
Section 3213. Acceptance; how made, etc. 3218. Liability of drawee retain3214. Holder entitled to accept ing or destroying bill. ance on face of bill.
3219. Acceptance of incomplete 3215. Acceptance by separate in
3220. Kinds of acceptances. 3216. Promise to accept; when 3221. What constitutes a general equivalent to acceptance.
acceptance. 3217. Time allowed drawee to ac- 3222. Qualified acceptance. cept.
3223. Rights of parties as to
3213. The acceptance of a bill is the signification by the drawee of his assent to the order of the drawer. The acceptance must be in writing and signed by the drawee. It must not express that the drawee will perform his promise by any other means than the payment of money. 1917—1552.
3214. The holder of a bill presenting the same for acceptance may require that the acceptance be written on the bill and, if such request is refused, may treat the bill as dishonored. 1917—1552.
3215. Where an acceptance is written on a paper other than the bill itself, it does not bind the acceptor except in favor of a person to whom it is shown and who, on the faith thereof, receives the bill for value. 1917–1552.
3216. An unconditional promise in writing to accept a bill before