time it could have been given by the holder, Sebree Deposit Bank v. Moreland, 96 Ky. 150, 28 S. W. 153, 16 K. L. R. 404

by a notary in his behalf.

Notice may be given

Stivers v. Prentice,

3 B. Mon. 461. See Section 91.

This section, in connection with Section 89, gives the holder the right to give notice to one of several joint indorsers so as to charge him, he having the right to notify his fellow joint indorsers, if he desires to hold them. Williams v. Paintsville Nat. Bank, 143 Ky. 781, 137 S. W. 535.

§ 91. Notice Given by Agent.-"Notice of dishonor may be given by an agent either in his own name or in the name of any party entitled to give notice, whether that party be his principal or not."

If the notary in making presentment and giving notice be held to act as the agent of the holder, the holder's responsibility for the notary's acts is the same as for his own. Lyddane v. Owensboro Banking Co., 106 Ky. 706, 51 S. W. 453, 21 K. L. R. 320. But if the notary has a right to act, has the right as notary to protest and give notice, then the holder is not responsible for the ignorance of the notary of the addresses of the

persons to whom notice should be sent. Mulholland & Bros. v. Samuels, 8 Bush 63.

Therefore the question is what instruments can be protested, and what are the notary's duties. The first question is discussed in note to Section 118 and the second in note to Section 153.

§ 92. Effect of Notice Given on Behalf of Holder. "Where notice is given by or on behalf of the holder, it insures for the benefit of all subsequent holders and all prior parties who have a right or* recourse against the party to whom it is given."

*The word of is used in the original draft.

If the holder intends to hold any or all the indorsers or the drawer he should give notice to such as he intends to hold so that the ones notified can give notice to those whom they intend to hold. Todd v. Edwards, 7 Bush 89; Lyddane v. Owensboro Banking Co., 106 Ky. 706, 51 S. W. 453, 21 K. L. R. 320.

§ 93. Effect of Notice As to Subsequent Parties and Holder. "Where notice is given by or on behalf of a party entitled to given* notice, it insures for the benefit of the holder and all parties subsequent to the party to whom notice is given.

*The word give is used in the original draft.

Hickman v. Ryan, 5 Litt. 24; Triplett v. Hunt, 3 Dana 126.

§ 94. Notice by Agent.-"Where the instrument has been dishonored in the hands of an agent, he may either himself give notice to the parties liable thereon, or he may give notice to his principal. If he gives notice to his principal, he must do so within the same time as if he were the holder, and the principal, upon the receipt of such notice, has himself the same time for giving notice as if the agent had been an independent holder."

Farmers' & Merchants' Bank v. Turner, 2 Litt. 19. But the rule in the text is not extended so as to cover notice from agent to agent so as to give the agent at each place until the next day to forward the notice. Slack v. Longshaw (Sup. Ct.), 8 K. L. R. 166.

§ 95. Notice -Sufficiency - Misdescription. "A written notice need be signed, and an insufficient written notice may be supplemented and validated by a written communication. A misdescription of the instrument does not vitiate unless the party to whom the notice is given is in fact misled thereby."

For a history of this and Section 96, see Gray

son County Bank v. Elbert, 143 Ky. 750, 137 S. W. 792, where it was held that a notice must be in writing and signed. See also Introduction.

A notice need not name the holder. Shrieve v. Duckham, 1 Litt. 194.

§ 96. Notice-Form and How Delivered. "The notice may be in writing, and may be given in any terms which sufficiently identify the instrument and indicate that it has been dishonored by non-acceptance or non-payment. It may in all cases be given by delivering it personally or through the mails (Sec. 106)."

(1) Formerly a verbal notice was sufficient. Bank of Kentucky v. Brooking, 2 Litt. 44; Higgins v. Morrison, 4 Dana 105. Now, however, the notice must be in writing and signed. See note to Section 95.

As to what is a sufficient notice, see Todd v. Edwards, 7 Bush 489, and Rudd v. Deposit Bank, 105 Ky. 443, 49 S. W. 207, 20 K. L. R. 1276.

(2) Formerly a notice to a person, where the parties lived in the same place, had to be delivered to the one notified in person or left at his dwelling or place of business. Todd v. Edwards, 7 Bush 93; Neal v. Taylor, 9 Bush 380. Now it may be mailed.

§ 97. To Whom Notice May Be Given."Notice of dishonor may be given either to the party himself or to his agent in that behalf."

§ 98. Notice Where Party Is Dead."Where 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."

§ 99. 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."

Notice to a partner is notice to the firm; and where one partner was cashier of holder bank, he and therefore his firm were presumed to have received notice. Citizens' Savings Bank v. Hayes, 96 Ky. 365, 29 S. W. 20, 16 K. L. R. 505; Hayes v. Citizens' Savings Bank, 101 Ky. 201, 40 S. W. 573, 19 K. L. R. 367.

§ 100. Notice to Persons Jointly Liable Not Partners.-"Notice to joint parties who are not partners must be given to each of