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Free Books / Society / Law / Bills And Notes, Guaranty And Suretyship, Insurance, Bankruptcy / | ![]() |
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Section 17. Acceptance Supra Protest |
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This section is from the book "Popular Law Library Vol9 Bills And Notes, Guaranty And Suretyship, Insurance, Bankruptcy", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
An acceptance supra protest, or for honor, is an acceptance of a bill after protest, by a stranger to the bill, for the benefit of all subsequent parties, and for the protection of the credit of some party to the bill. An acceptance supra protest creates a conditional agreement to pay if the original drawee does not, and may be made either after dishonor for non-acceptance, or after protest for better security after acceptance. This last form has been described as follows:
"The custom of merchants is stated to be that if the drawee of a bill of exchange abscond before the date when the bill is due, the holder may protest it in order to have better security for its payment, and should give notice to the drawer and indorsers of the absconding of the drawee; and if the acceptor of a foreign bill become bankrupt before it is due, it seems the holder may also in such case protest for better security. The neglect to make this protest will not affect the holder's remedy against the drawer and indorsers, and its principal use appears to be that by giving notice to the drawer and indorsers of the situation of the acceptor, or by which it is become improbable that payment will be made, they are enabled by other means to provide for the payment of the bill when due."31
26 Norton on Bills and Notes, page 93. 27 Pittsburgh Bank vs. Neal, 22
How. (U. S.), 97; Hoppg vs.
Savage, 69 Md., 513.
28 Wynne vs. Raikes, 5 East, 521;
Stockwell vs. Bramble, 3 Ind., 428. 29 Grant vs. Shaw, 16 Mass., 343;
8 Am. Dec, 142. 30 Cutts vs. Perkins, 12 Mass., 206.
31 Chitty on Bills and Notes, 383.
 
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