Where the collecting bank or one of its agents, where it is held liable for the acts of its agents, has been guilty of negligence or of improper conduct in the making of the collection, the owner may waive his right to claim anything therefor. But this rule is governed by the general rule applicable to all classes of ratification - the act must be done with knowledge of the circumstances.1 But if the bank returns a part of the proceeds of the collection and a note for the balance thereof and the owner accepts it, he thereby waives any right which he has to object to the bank's conduct.2 But if he withdraws the collection after the bank has been guilty of negligence, he does not thereby waive the bank's liability.3 Nor does the drawer of a bill, by paying to the payee in ignorance of the negligence of the bank, waive his claim upon the bank.4 If the bank has failed to present the paper, instructions given by v. Bank of U. S., 4 Whart. 105; Stacy v. Dane Co. Bank, 12 Wis. 629; First Nat. Bank v. Butler, 41 Ohio St. 519; Bank of Louisville v. Bank of Knoxville, 8 Baxt. 101.

3 The same result follows if the collection is considered to be a bailment.

4 Baldwin v. State Bank, 1 La-Ann. 13.

5Gerhardt v. Boatmen's Sav.

Inst., 38 Mo. 60; Wood River Bank v. First Nat. Bank, 36 Neb. 744.

Roanoke Nat. Bank v. Ham-berck, 82 Va. 135.

2 Hughes v. Neal Banking Co., 97 Ga. 383. Or accepts check. Hazlett v. Comm. Nat. Bank, 132 Pa, 118.

3 Branch Bank v. Knox, 1 Ala. 148.

4Merchants' Bank v. Bank of-Commerce, 24 Md. 12.