NOTICE OF DISHONOR

The notice given by the holder of a bill of exchange or promissory note, to a drawer or endorser on the same, that it has been dishonored, either by not being accepted in the case of a bill, or paid in cue of an accepted bill or note. 2. It is proper to consider, 1. The form of the notice; 2. By whom it is to be given; 3. To whom. 4. When; 5. Where; 6. Its effects; 7. When a want of notice will be excused; 8. When it will be waived. 3. SS1. Although no precise form of words is requisite in giving notice of dishonor, yet such notice must convey, 1. A true description of the bill or note so as to ascertain its identity; but if the notice cannot mislead the party to whom it is sent, and it conveys the real fact without any doubt, although there may be a small variance, it cannot be material, either to regard his rights or to avoid his responsibility. 2. The notice must contain an assertion that the bill has been duly presented to the drawee for acceptance, when acceptance has been refused, or to the acceptor of a bill, or maker of a note for payment at its maturity, and dishonored. 3. The notice must state that the holder, or other person giving the notice, looks to the person to whom the notice is given, for reimbursement and indemnity. Story on Bills, SS 301, 390. Although in strictness this may be required, where the language is otherwise doubtful and uncertain, yet, in general, it will be presumed where in other respects the notice is sufficient.