...— Dishonor. The liability of an endorser on a promissory note is conditional, entitling him to notice of dishonor; and payment may not be enforced against him...unless such notice has properly been given. 2. Same — Anticipated Dishonor. Notice given to an endorser on promissory note prior to maturity, in anticipation of dishonor...lack of notice of dishonor. The motion to nonsuit should have been sustained. The defendant being an endorser, comes within the cases of...

...Brooklyn Trust Company, collecting agent for plaintiff, was entitled to give notice of dishonor. ( West River Bank v. Taylor, 34 N.Y. 128.) If the party giving notice of dishonor knew...Aaron Segal, the indorser, was dead, notice of dishonor should have been given to the executors of his estate, who had qualified a long time before presentment for payment of the note. If...the party giving notice did not know of his death, notice might be sent, addressed to Aaron Segal at his last known address. Plaintiff failed to prove that the party giving notice of dishonor did not...

...is by the indorser of a promissory note against the defendant, a prior indorser. The complaint contains two causes of action — the first, upon the theory that notice of dishonor was...duly given to the defendant; the second, that the defendant waived notice of dishonor. We are of opinion that the complaint is not sufficient upon either theory. The...first cause of action contains no allegation that notice of dishonor was given to the defendant or to William S. Dooner, whom we will assume to have been the defendant's agent for that purpose. It is...

...will not be reversed for failure of plaintiff to allege notice of dishonor. Judgment against an indorser on a note will not be reversed for failure of the plaintiff to allege in his pleading the...giving of notice of dishonor where the defendant in his affidavit of merits raised the issue as to the giving of such notice by stating that he received no notice of dishonor, and the issue as thus...statement of claim in action against indorser of note may be amended before judgment to show giving of notice of dishonor. In view of Cahill's St. ch. 7, ¶ 1, a court may permit a statement of claim, in...

...-payment by Bridgecrest. In an affidavit in opposition to the motion for summary judgment, Chapman denied receiving timely notice of dishonor from plaintiff. Plaintiff's affidavit averred such notice...give Burmeister notice of dishonor. Chapman's two count cross-claim against Burmeister was premised upon misrepresentations made to induce him to execute the note and endorse..., affidavits, interrogatories, and admissions was the question of notice of dishonor. The affidavits squarely presented a factual dispute about whether such notice was given. Sec. 400.3-508, RSMo 1978...

.... Charles Dealy, for respondent. When jury may find implied waiver of notice of dishonor. [1...] When the indorsers of a certificate of deposit issued by a bank, with full knowledge of the omission of due presentment and notice of dishonor, unconditionally...promise to pay the obligation or acknowledge themselves bound, the jury may find implied waiver of notice of dishonor. Assignments of error...

...NOTES. Provision in series of notes giving holder option to declare whole sum due on default in payment of principal or interest does not obviate necessity of notice of dishonor, though...one notice would doubtless suffice to charge indorsers on all notes. 2. BILLS AND NOTES. On default on each note in series, notice of dishonor must...demand payment and give notice of dishonor does not change indorser's right under Uniform Negotiable Instruments Act (Code 1932, section 7325 et seq.). 4. BILLS AND NOTES...

..., a representative of National Credit Adjustment Agency mailed a notice of dishonor to Mr. Camacho. The notice demanded that Mr. Camacho pay the sum of $92.99. This included $1.99 in interest. On May...allege that the defendants engaged in five discrete acts: mailing a notice of dishonor (April 23, 2004), filing an action in state court (June 3, 2005), serving the Camachoes with copies of the summons...mailed the notice of dishonor, the one year statute of limitations began to run on that date. The defendants' subsequent attempts at collection did not extend the deadline...

.... NEGOTIABLE INSTRUMENTS — Presentment And Notice Of Dishonor Is Necessary To Charge An Indorser, Subject To The Provisions Of § 3...INSTRUMENTS — The Date Of Giving Notice Of Dishonor Is A Question Of Fact Solely For Determination By The Trier Of Facts And Where Testimony Was Ambiguous, Lower Court Could Not Be Said To Have Erred In...— In Absence Of Proof That Indorser, In His Capacity As President Of Corporate Maker Of A Promissory Note, Knew Or Should Have Known That The Note Would Not Be Paid, Presentment And Notice Of Dishonor Were...

...partnership funds, the failure to allege presentment and notice of dishonor, or facts excusing such notice, is fatal to the declaration. Gainesville News v. Harrison, 58 Ga. App...on partnership funds and sued on, died more than seven months after the check was drawn, but failed to allege presentment to the drawee bank and notice of dishonor, before the death of the maker or...representative of the maker after his death (§ 14-707), or to the surviving partner (§ 14-708), or to any other party liable thereon, or notice of dishonor, or facts excusing such presentment and notice, the...

...notice of dishonor was not timely given her. Judgment was entered in her favor together with interest, costs, and attorney fees. The Bank appeals from that judgment. We affirm...and notified her in writing of the payor bank's dishonor of the check. The record does not disclose which of the several banks involved in the collection process either lost the check or delayed action with regard to it. It is clear, however, that Nevada State Bank acted promptly upon receiving notice of...the check she engaged that upon dishonor and any necessary notice of dishonor and protest, she would pay the instrument according to tenor at the time of her endorsement. NRS 104.3414(1...

...is in this, was want of notice of dishonor. The first suit was filed without any previous notice; plaintiff contending that the service on defendants of citation and a copy of the petition containing...the necessary averments itself constituted notice of dishonor. While recognizing the soundness of this contention, we held that the notice must be given prior to the institution of suit, and alleged...allegation that timely and legal notice of dishonor was given the indorsers by means of the service in the former suit. The answer sets up that this did not constitute a legal notice, and that, no other...

...appellants. The contract of a blank indorsement of negotiable paper is contingent, requiring due presentment to the maker in the manner required by law and due notice of dishonor to the...indorsers within the time and in the manner required by law and such steps are conditions precedent to the accrual of an indorser's liability. Notice of dishonor before the instrument becomes due is...premature, and notice after the day following the date of maturity is insufficient. Insolvency or bankruptcy of the party primarily liable does not excuse presentment to the maker and notice of dishonor to...

.... Upon review, the Circuit Court of Appeals for the Sixth Circuit held that as none of the notes was due at the time of the petition, and as neither presentment nor notice of dishonor had..., supra; see Atkins v. Wilcox, 105 F. 595. But the liability of an endorser is of neither class. Its amount is certain; and the contingency of notice of dishonor to..., if proved in time, such a claim may be liquidated as are other unmatured claims. In re Buzzini, supra, p. 830. As the claim is provable, and as notice of dishonor after the petition is filed is...

...time granted to the principal, hereby waiving all notice of such extension of time. (Signed) M. H. JOHNSTON. (Signed) R. H. JOHNSTON. Interest paid to August 27th. Interest paid to September 26th. Interest paid to November 15th. The name of defendant written on bank of note as indorser. (528) No notice of dishonor or...nonpayment was given by the plaintiff to the defendant at or before maturity. The defendant pleaded this want of notice as a bar to any recovery against him. The court rendered judgment in favor of the defendant, and the plaintiff appealed. T. T. Hicks for plaintiff. A. C. and J. P. Zollicoffer for the defendant. 1. Bills and Notes — Negotiable Instruments — Signature on Back — Indorsers — Dishonor — Notice...deemed an indorser and is entitled to notice of dishonor. 2. Bills and Notes — Negotiable Instruments — Indorsers — Dishonor — Notice — Waiver. Notice of dishonor...

...cross-claims filed by defendants are not involved in this appeal. We affirm. The trial court's finding that timely notice of dishonor of the draft was not given to defendants...-indorsers is fully supported by the record and mandated its conclusion that plaintiff is not entitled to recover. Timely notice of dishonor was required to be given the indorsers..., N.J.S.A. 12A:3-501 (2) (a), there being no legally recognized excuse for not giving it. See N.J.S.A. 12A:3-511. The failure to give timely notice of dishonor discharged the indorsers from any liability...

...for Payment and Notice of Dishonor Necessary to Charge Indorser Unless Waived by Him. To charge an indorser on a note, there must be presentment to the maker and notice of its dishonor to...by Indorser of Presentment and Notice of Dishonor. Words "without notice" in provision of note that, on default of payment of interest installments or upon default in other...maker and notice of dishonor to indorser. WELCH, V. C. J. In this action plaintiff...

...to have been improperly dishonored by payor bank. From summary judgment for plaintiff on ground that oral notice of dishonor was insufficient, payor bank appeals. REVERSED AND REMANDED...notice of dishonor of a check (check number 655) within its statutory midnight deadline. Appellant gave oral (telephone) notice of dishonor and..., September 21, 1974, before 6:30 a.m. (d) That defendant gave the Federal Reserve Bank telephone notice of dishonor of said check on Tuesday, September 24, 1974...

...unpaid balance due of $4,500 for which she seeks recovery. The claim of insufficiency of the complaint is based upon the lack of any allegation therein of due notice of dishonor to...the indorsers. On this motion, the court is confined to an examination of the pleading only. Notice of dishonor to the indorsers, as well as notice of presentation, is essential to continue their liability. ( Goldstein v. Brastone Corp., 254 A.D. 288.) Nevertheless "notice of dishonor may...defendants, subsequent to the due date of the note, made part payments thereon, which may constitute an implied waiver obviating the necessity of alleging due notice of dishonor. (Negotiable Instruments...

.... PER CURIAM. The plaintiff's case consisted of the production of the note and of an alleged notice of dishonor and protest, which appeared on its face to be dated one...to give notice of dishonor. The plaintiff maintained that under section 368 of the Civil Practice Act it was necessary for the defendant to make an affidavit that he had not received notice of dishonor or...else the receipt of such notice would be presumed, but it appears from the notice of dishonor itself that it is palpably ineffective. Judgment reversed, with thirty dollars...