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MILLS V. BANK OF THE UNITED STATES, 24 U. S. 431 (1826)

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U.S. Supreme Court

Mills v. Bank of the United States, 24 U.S. 11 Wheat. 431 431 (1826)

Mills v. Bank of the United States

24 U.S. (11 Wheat.) 431

Syllabus

No precise form of notice to the endorser of a promissory note is necessary, and it is not necessary to state in the notice who is the holder, nor will a mistake as to the date of the note vitiate the notice if it conveys to the party a sufficient knowledge of the particular note which has been dishonored.

It is not necessary that the notice should contain a formal allegation that it was demanded at the place where payable. It is sufficient that it states the fact of nonpayment of the note, and that the holder looks to the endorser for indemnity.

By the general law, demand of payment of a bill or note must be made on the third day of grace, but where a note is made for the purpose of being negotiated at a bank, whose custom is to demand payment and give notice on the fourth day, that custom forms a part of the law of the contract, and it is not necessary that a personal knowledge of the usage should be brought home to the endorser for that purpose.

The general rule of law requiring proof of the title of the holders of a note may be modified by a rule of court dispensing with proof of the execution of the note unless the party shall annex to his plea an affidavit that the note was not executed by him.


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