Central National Bank v. Adams
Central National Bank v. Adams
Opinion of the Court
The opinion of the court was delivered by
This was an action against the defendant as endorser of a negotiable note, and the sole question raised by the appeal is whether the plaintiff used due diligence in giving notice of the dishonor of the note. The facts are undisputed, and areas follows: On the 25th of September, 1875, James P. Adams-executed his note payable to Amy G. Adams, who, as an accommodation, endorsed the same to the plaintiff. The note not being paid at maturity, it was protested, and notice of non-payment was, in due time, sent by mail, postage pre-paid, in a letter addressed to “ Amy G. Adams, care of James P. Adams, Adams’ Cut.” There was no such post-office as Adams’ Cut, but the instructions to mail agents, in case a letter is directed to a place where there is no post-office, are to leave it at the nearest post-office, and Gadsden is the nearest post-office to Adams’ Cut, on the South Carolina railroad. The appellant lives equidistant between Gadsden and Adams’ Cut, and letters for her frequently came to Gadsden, which were taken out by her friends and servants. The letter containing the notice in question was never received, either by Mrs. Adams or James P. Adams. The regular post-office of appellant, “ until the last two years,” was Gadsden, since which time Grovewood has been her post-office. Owing to the want of date as to when the testimony was taken, it is impossible to say when these “last two years” commenced to run, and as the case does not show the date of the trial, we have no means of determining when it was that appellant’s post-office was changed from Gadsden to Grovewood, or whether such change had been made before or after the maturity of the note. All that we know is, that the note became payable on the 5th of October, 1875, and the original hearing before Judge Townsend, when the testimony was taken, was some time in the latter part of the year 1877. The appellant lives about a mile and a half' from Grovewood and four miles from Gadsden. James P. Adams testified that he never took out Mrs. Adams’ letters; that Grovewood was his post-office, but he occasionally got letters directed to him at Gadsden and Hopkins,’ and that he had received' private letters dropped at Adams’ Cut, but not through the mails. The notary who sent the notice to Mrs. Adams got
Now in this case there is no doubt but that the notice to appellant' was mailed in due time, there being no question raised as to that, and the only question is as to whether it was properly directed. It was not directed to any legal post-office, but by the regulations of the post-office department, it was the duty of the mail agent to leave the letter at the nearest post-office, which was Gadsden, so that the question may be considered as if the letter had been directed to Gadsden, which certainly had been the post-office of appellant, and for aught that appears to the contrary in the “ case,” was still her post-office at the time the notice was sent, though not her post-office at the time of the trial or at the time her testimony was taken. But we are not disposed to rest our decision upon this, and will assume that Mrs. Adams had changed her post-office before the notice was sent. Even upon this as
In addition to this, the testimony shows that Mrs. Adams continued to receive letters from the post-office at Gadsden; and where persons are‘in the habit of receiving letters addressed to them at two or more post-offices, a notice addressed to either of such offices will be sufficient. It is not necessary, in such case, that it should be addressed to the office nearest to the residence of the party for whom the notice is intended. Bank v. Carneal, 2 Pet. 551. In Saco National Bank v. Sanborn, 63 Me. 340, (18 Am. R. 224,) the endorser had lived for many years in the town of Baldwin, but at the time the note upon which the suit was brought, became payable, he lived in the adjoining town of Denmark. The notice was directed to “Baldwin,” but there was no post-office of that name, there being three post-offices in the town known by the names of “North Baldwin,” “East Baldwin,” and “West Baldwin.” The notice was sent upon information received from persons most likely to know. It also appeared that at the time of the maturity of the note, there were two directions in common use in Saco which gave the defendant’s
It is argued, however, that the manner in which the letter containing the notice was directed, Mrs. Amy G. Adams, care of . James P. Adams, was objectionable. We are unable to perceive the force of this argument. The usual object of that mode of address ,is to expedite the delivery of the letter, and so far from its being any evidence of negligence, it would seem to point to a contrary conclusion. If the letter had been directed to James P. Adams, with a request that he would forward the notice enclosed to the defendant, there might be some force in* the argument used at the hearing, that the plaintiff had employed Mr. Adams as a messenger to deliver the notice to Mrs. Adams. But such was not the case. The letter was directed to Mrs. Adams, and would have been delivered to her if she had called in person at the post-office or sent an agent or servant for her mail, whereas if it had been directed to Mr. Adams it could only have been
The judgment of the Circuit Court is affirmed.
Judgment affirmed.
Reference
- Full Case Name
- THE CENTRAL NATIONAL BANK v. AMY G. ADAMS
- Status
- Published
- Syllabus
- Notice of dishonor of a promissory note was sent by mail, addressed to an-endorser in care of the maker, at Adams’ Cut, where there was no post-office, under information received by the notary, after the exercise of due diligence, that Adams’ Cut was the endorser’s post-office; the post-office nearest to Adams’ Cut was one of the endorser’s post-offices; the notice never reached the endorser or the maker — held, that due diligence had been used, and that the endorser was not discharged.