Notice of dishonor may be excused: where it is prevented by inevitable accident, or overwhelming calamity ; by the prevalence of a malignant disease which suspends the operations of trade; by war, blockade, in vasion, or occupation by the enemy ; by the interdiction of commerce between the coun tries from which or to which the notice is to be sent ; by the impracticability of giving notice, by reason of the party entitled there to to having absconded or having no fixed place of residence, or his place of business or residence being unknown, and incapable of being ascertained upon reasonable inqui ries. These are the excuses of a general nature given by Story, on Pr. Notes and on Bills.
Delay in giving notice of dishonor is ex cused when caused by circumstances beyond the control of the holder and not due to his negligence or misconduct, and it must be giv en with reasonable diligence when the cause of delay ceases to operate; Neg. Instr. Act.
Special excuses are: That the note was for the accommodation of the indorser only ; an original agreement on the part of the in dorser, made with the maker Or other party at all events to pay the note at maturity; the receiving security or indemnity from the maker, or other party for whose benefit the note is made, by the indorser, or money to rake it up with ; receiving the note as col lateral security for another debt where the debtor is no party to the note, or if a party has not indorsed it; an original agreement by the indorser to dispense with notice; an order or direction from the makee to the maker not to pay the note at maturity. See
Story, Pr. Notes §§ 293, 357.
of dishonor is not required to be given to the drawer when the drawer and drawee are the same person, or when •the drawee is a fictitious person, or when the drawer is the person to whom the instrument is presented for payment, or where the draw er has the right to expect that the drawee or acceptor will honor the instrument, or where the drawer has countermanded pay ment; Neg. Instr. Act.
Notice of dishonor need not be given to an 'indorser where the drawee is a fictitious person and the indorser knows of the fact at the time he indorsed, or where the in dorser is the person to whom the instrument is presented for payment, or where the in strument was made or accepted for his ac commodation; Neg. Instr. Act.