Britton v. Niccolls - 104 U.S. 757 (1881)


U.S. Supreme Court

Britton v. Niccolls, 104 U.S. 757 (1881)

Britton v. Niccolls

104 U.S. 757

Syllabus

1. A party in Illinois transmitted to bankers residing in a city in Mississippi a note for collection which was there dated, but did not inform them nor were they aware of the residence of the maker. The only instruction sent was that the note was to be collected if paid, and if not paid on presentment it was to be protested and notice of nonpayment sent to the endorser. In due time they put the note in the hands of a reputable notary of that city for the purpose of presentment and demand, and of notice to the endorser should there be a default of payment. Held that they are not liable to their correspondent for the manner in which the notary performed his duty.

2. The notary is a public officer, and when he received the note, he, according to the ruling of the supreme court of that state, became the agent of the holder, and for failure to discharge his duties he alone is liable.

3. The duty and liability of bankers as collecting agents stated, and the authorities bearing upon their responsibility for the acts of the notary to whom the notes sent to them for collection are delivered for presentment, demand, and protest, cited and examined.

The facts are stated in the opinion of the Court.



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