From Craven.
A promissory note drawn by A. and indorsed by B. was made negotiable at the New Bern Branch of the State Bank of North Carolina, and payable on 11 December. B. lived in the Town of New Bern near to the Bank. Notice of non-payment of the note by the drawer, was not given to the indorser until 17 December, this delay of giving notice, discharges the indorser from all liability.
Upon the trial of this case, the Court charged the jury that the Defendant was exonerated from his liability as indorser by the delay to give him notice. The jury found a verdict for the Defendant; and a rule for a new trial being obtained, the same was ordered to be sent to this Court.
BY THE COURT:
We think the Court below instructed the jury correctly. The residence of the defendant, within a short distance of the bank, rendered the most prompt notice equally necessary and convenient. Allowing the days of grace, the notice should have been given on the 15th; but it was delayed to the 17th. Let the rule for a new trial be discharged. 2 Wheat, 376.
Cited: Jarvis v. McMain, 10 N.C. 15. (74)