The word residence in the law of negotik ble instruments may be satisfied by a tempo rary, partial, or even constructive residence ; Wachusett N. Bk. v. Fairbrother, 148 Mass. 181, 19 N. E. 345, 12 Am. St. Rep. 530. When sent by mail, it should be to the post-office to which the party usually resorts; Bank of U. S. v. Carneal, 2 Pet. (U. S.) 543, 7 L. Ed. 513 ; Sherman v. Clark, 3 McLean 91, Fed. Cas. No. 12,763 ; Farmers' & M. Bk. v. Battle, 4 Humphr. (Tenn.) 86; Glasscock v. Bank, 8 Mo. 443 ; Bank of Columbia v. Magruder's Adm'x, 6 H. & J. (Md.) 172, 14 Am. Dec.. 271; Webber v. Gotthold, 8 Misc. 503, 28 N. Y. Supp. 763. If properly addressed and mailed it will charge the indorser, whether he has received it or not ; Townsend v. Auld, 8 Misc. 516, 28 N. Y. Supp. 746.
It should be sent to the address given by the party after his signature, or if no such address is given then to the post-office near est his place of residence, or where he is accustomed to receive his letters. If notice is actually received within the time speci fied, it will be sufficient, although not sent in accordance with the requirements of the act; Neg. Instr. Act.
Every person who, by and immediately upon the dishonor of the note or bill, and only upon such dishonor, becomes liable to an action either on the paper or on the con sideration for which the paper was given, is entitled to immediate _notice ; 1 Pars. Notes & B. 499. The holder need give notice only to the parties and to the indorser whom he intends to hold liable; Baker v. Morris, 25 Barb. (N. Y.) 138 ; Carter v. Bradley, 19 Me. 62, 36 Am. Dec. 735 ; Bank v. Bank, 49 Ohio St. 351, 30 N. E. 958 ; Wood v. Callaghan, 61 Mich. 402, 28 N. W. 162, 1 Am. St. Rep. 597. A second indorser duly notified cannot defend on the ground that the first was not so notified; Boteler v. Dexter, 20 D. C. 26 ; notice of dishonor must be given to the drawer and to each indorser, and any draw er or indorser to whom such notice is not given is discharged ; Neg. Instr. Act.
Notice may be given by any party to a note Or bill not primarily liable thereon as regards third parties, and not discharged from liability on it at the time notice is given ; Baker v. Morris, 25 Barb. (N. Y.) 138; Brailsford v. Williams, 15 Md. 150, 74 Am. Dec. 559 ; Stanton v. Blossom, 14 Mass.. 116, 7 Am. Dec. 198 ; 15 M. & W. 231. The English doctrine that any party to a note or bill may give the notice by which an ante cedent party may be held liable to subse quent parties, is now quite firmly establish ed; Wade, Notice § 709. Such notice may be
by the holder's agent; Harris v. Robinson, 4 How. (U. S.) 336, 11 L. Ed. 1000; Payne v. Patrick, 21 Tex. 680 ; 15 M. & W. 231; and in the agent's name ; Drexler v. McGlynn, 99 Cal. 143, 33 Pac. 773; may be by an indor see for collection ; Cowperthwaite v. Shef field, 3 N. Y. 243; a notary ; Burke v. Mc Kay, 2 How. (U. S.) 66, 11 L. Ed. 181; Renick v. Robbins, 28 Mo. 339 ; the ad ministrator or executor of a deceased per son ; Story, Pr. Notes § 304; the holder of the paper as collateral security ; 14 C. B. N. S. 728. It has been held that notice by a stranger, pretending to be the bolder, may be ratified by the real holder ; 2 C. & K. 1016.
Mere knowledge on the part of an indorser of a note, learned from the maker that it had been dishonored, is not a notice, since notice must come from a party who is enti tled to look to the indorser for payment; Jagger v. Bank, 53 Minn. 386, 55 N. W. 545; notice may be given by or on behalf of the holder, on by or on behalf of any party to the instrument who might be compelled to pay it to the holder. It may be given by an agent of such parties, and agent, wno holds the instrument for another, may give notice to the parties liable or notify his principal; Neg. Instr. Act.
The notice must be forwarded as early as the day after the dishonor, by a mail which does not start at an unreasonably early hour ; Chick v. Pillsbury, 24 Me. 458, 41 Am. Dec. 394 ; Stephenson v. Dickson, 24 Pa. 148, 62 Am. Dec. 369 ; Downs v. Bank, 1 Smedes & M. (Miss.) 261, 40 Am. Dec, 92 ; Deminds v. Kirkman, 1 Smedes & M. (Miss.) 644; Seventh Ward Bk. v. Hanrick, 2 Sto. 416, Fed. Cas. No. 12,678.
Notice must be given before the close of business hours on the day following dis honor. If given at the residence, it must be given before the usual hours of rest on the day following. If sent by mail, it must be deposited in the post-office in time to ar rive in the usual course on the following day. Neg. Instr. Act.
An indorser is entitled to notice of de mand and non-payment of a note, notwith • standing he has collateral security ; Whittier v. Collins, 15 R. I. 44, 23 Atl. 39; Kramer v. Sandford, 4 W. & S. (Pa.) 328, 39 Am. Dec. 92.