without Protest.

Question 311.— Is not a banker justified in charging an unpaid bill to the endorser's account, providing there are funds, without first protesting it, if he notifies the endorser by mail that he has done so, and would not such notice act as a notice of dishonour within the meaning of the Bills of Exchange Act?

Answer.—The bank would be certainly entitled to charge the endorser's account without protest with a dishonoured bill, provided it notifies the endorser that the bill is dishonoured. Whether or not the notice mentioned was sufficient for this purpose would depend on its terms. If the latter is so framed as to indicate that the bill has been dishonoured by non-payment this notice is sufficient. (See section 49, sub-sec. E, Bills of Exchange Act). It is probable that a mere statement in the latter that the bill has been charged to the customer's account would be held to sufficiently indicate its dishonour.