A Simple Explanation of Modern Banking Customs — John Shaqi
A Simple Explanation of Modern Banking CustomsRobinson, Humphrey
General
A Simple Explanation of Modern Banking Customs
Robinson, Humphrey
Banks and banking
When the bank hands protestable paper to a Notary, it is his duty to
make a formal demand at the proper place on the person who should pay
it. If payment is refused, the Notary makes an exact copy of the note,
draft or check at the top of a printed form used for this purpose.
Then, over his signature as a Notary, accompanied by his official seal,
he states that he has made a demand in person for payment of the paper
described by him; and, on payment being refused, he has "protested" the
non-payment. Also that he has mailed or delivered notices of this
non-payment to all the parties secondarily liable on this paper and
states their names. The Notary's official statement is called the
"Instrument of Protest." The notices he mails are called the "Notices
of Protest." Certain fees are allowed the Notary by law for protesting.
These are called "Protest Fees," and become a part of the debt.
Of course, the person who ought to have paid the paper gets no "Notice
of Protest." He certainly knows if he has not paid. The Notary must
keep a copy of all his "Instruments of Protest." This is a public
record, just as any court record is, and as accessible to the public.
It is rarely examined, however.
So, from the language prescribed by law, that the Notary uses in his
"Instrument of Protest," comes the common use of the terms "protest"
and "no protest" paper.
To bind the parties _secondarily_ liable a Notary can protest paper
only on the _exact_ day it is due. Otherwise he might put it off
several days, or demand payment before it was due, and damage might
result in either case. So, if the protesting is not done on the exact
date when the paper is due, it is of no avail.
The maturity of a draft reading so many days, or months, after _date_
must be calculated from the date of the draft itself. But the maturity
of a draft reading so many days, or months, after _sight_ must be
calculated from the date it was presented to the sight of the payer and
accepted. It is very necessary to date acceptances of time drafts
reading "after sight."
_Demand for payment must be made at the proper place during business
hours._ A check of course is payable at the bank on which it is drawn,
during banking hours. A draft on a firm is payable at its office;
likewise a draft on an individual is payable at his office, or if he
has none, then at his residence. Notes or accepted drafts are payable
at the place stated on their face. But, when no place of payment is
stated, demand for payment must be made at the office of the maker of
the note, or the acceptor of the draft; or if he has no office, then at
his residence. When you draw up a note it is the proper thing to state
on its face "payable at ---- bank" (giving the name of your bank); or
"payable at my office"; or "payable at my residence."
Public-domain text, read in full here on John Shaqi.
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