General business customs of notoriety are presumed to be known to the business community.1 Such a custom not to do business on particular days has made Harvard commencement day a holiday in a portion of Massachusetts ;2 but a custom not to do business on New Year's day must be brought home to a party by actual or constructive knowledge.3 The half-holiday on Saturday may become another instance of such business usage.4 Again, upon notes made payable or negotiable at a bank, the usages of that bank are a part of the contract, such as to demand payment on the fourth day of grace,5 or to send notes for collection in packages once a week,6 or to allow days of grace quiries. Bank of Utica v. Phillips, 3 Wend. 408.

15 Ex parte Heidelback, 2 Low. 526.

16 Wolf v. Jewett, 10 La. 384

17 Farnsworth v. Mullen, 164 Mass. 112.

18 See also Bank of Utica v. Phillips, 3 Wend. 408 (as to notice).

19See Sec. 257, ante.

1 See Sec. Sec. 113-117, ante.

2 City Bank v. Cutter, 3 Pick. 414 3 Dabney v. Campbell 9 Humph.

680. This decision is wrong. The custom was notorious. 4 But the cases are on statutes.

See Sylvester v. Crohan, 138 N. Y. 494

5 Renner v. Bank of Columbia, 9 Wheat. 581; Mills v. Bank of U. S., 11 Wheat. 431; Bank of Washington v. Triplett, 1 Pet. 25. Contra, custom does not bind an indorser unless he knows of it. Pierce v. Butler, 14 Mass. 303. But see Blanch-ard v. Hilliard. 11 Mass. 85; Whit-well v. Johnson, 17 Mass. 449. The rule does not apply without knowledge as to note merely left there for collection. Hill v. Norvel, 3 McLean, 583.

6 Bridgeport Bank v. Dyer, 19 Conn. 136.

7 Bowen v. Newell 13 N. Y. 290.

8 Patriotic Bank v. Farmers' Bank, 2 Cranch, C. C. 560.

9 Adams v. Otterback, 15 How. 539.

11 Bowen v. Newell. 13 N. Y. 290.

12 Morrison v. Bailey, 5 Ohio St 13.

13 Mechanics' Bank v. Merchants' Bank, 6 Met. 13.

14 Barnes v. Vaughn, 6 R L 259; Moore v. Waitt, 13 N. H 415. And see Farmers' Bank v. Duvall, 7 Gill & J. 78. So of a usage to take a check in payment of a collection by the collecting bank, and to protest the collection if the check should be dishonored. Strong v. King, 35 111. 9.

15 Whitwell v. Johnson, 17 Mass. 449.