Protests for Non-payment, etc. of the person to whom the notice was directed, and the post-office nearest thereto, and each of said notices being mailed at and postage prepaid. [Signature and title.] 1201. Certificate of Protest; When the Maker, etc., Cannot Be Found. [As in Form 1199, inserting some such statement as the following in lieu of the words between the **:] did present the original hereunto an nexed, at of the said at the place of business of E. F., the acceptor [or, maker] he being absent therefrom [or, at the dwelling-house of E. F., etc., his place of business being closed, and he being absent from his said dwelling-house], and demanded payment of the same, which was refused [or, did make diligent inquiry for the said E. F., and his place of business, or dwelling-house, in the said town of where the said was made payable [or, purported to be drawn], but was unable to find the said E. F., or his place of business, or dwelling-house, in said in order to demand payment of the said Whereupon, etc. 1202. Notice of Protest of Note.(ƒ) 18, payable To Messrs. W. S. and D. H. S.: Please take notice, that a promissory note made by S. H., treasurer, for months from date, in favor dollars, dated of yourselves, and indorsed by you, has been presented by me to the office of the said treasurer, at and payment being duly demanded, was refused, whereupon, by direction of the holder, the same has been protested, and payment thereof is requested of you. [Signature of] Notary Public. 1203. Notice of Protest of Bill for Non-acceptance.(g) To Mr. A. B.: Please take notice, that your bill for dated ance. [Date.] dollars, at days from sight, drawn on C. D., has this day been protested for non-accept [Signature of] Notary Public. drawn on and accepted by C. D., has this day been protested (f) This form is sustained by Hodges which it refers, and will, in addition, im2. Shuler, 22 N. Y., 114. No precise form of words, and no particular manner, is necessary to be used in giving the drawers notice of dishonor; but the note or bill should be described in the notice with such distinctness and certainty as will enable the party notified to ascertain from it the particular bill to port that the bill has been dishonored; and it is usual also to inform the party notified that he is looked to for payment. (g) This form is sustained by Cowperthwaite v. Sheffield, 1 Sandf., 416; Cayuga County Bank v. Warden, 1 N. Y. (Comst.), 413; Cook v. Litchfield, 9 N. Y. (5 Seld.), 279. Marine Protests. for non-payment [or, that the bill of A. B. for dollars, at days from sight, dated drawn on and accepted by C. D., and indorsed by you, or by you and by E. F., has this day been protested for non-payment]. [Date.] [Signature of] Notary Public. By this public instrument be it known, unto all whom it may concern, that on this day of and for the State of by letters patent under the great seal of the State, duly commissioned and sworn, and dwelling in the city of personally came C. D., master of the ship called the Mary, of burden of tons or thereabouts, now lying in the port of said that he sailed in and with the said vessel on the with a cargo of day of bound to the port of , of the and last, from the port of Having, in the due prosecution of the said voyage [here state briefly any accident that may have occurred, or the cause of putting into port], he now enters with me, the said notary, in due form of law, his protest, to serve as occasion may require, reserving to himself the right to extend the same in time and place convenient. [Seal.] IN TESTIMONY WHEREOF, the said master has hereunto sub scribed his name, and I, the said notary, have to these presents set my hand and seal of office, the day of the date first above written. [Signature of] Master. [Signature of] Notary Public. 1206. Protest: Extended Before the Same Notary. By this public instrument of protest, be it known to all to whom these presents shall come, that on this day of one thousand eight hundred and in and for the State of by letters patent under the great seal of the State, duly commissioned and sworn, personally appeared C. D., master, E. F., first mate [etc., etc.] of the late brig Mary, of of the burden of tons, or thereabouts, who, being by me duly sworn, severally declared on oath (protest having been duly noted before me on arrival) that * [here set forth the facts in detail]. And that any loss, damage or injury, which has arisen or accrued, or that may arise or be sustained in any manner whatever, is solely owing to the accidents and difficulties herein set forth and declared, and not to any negli gence, want of skill, vigilance or exertion on the part of the deponents, or any of the officers or men of the said ship. Wherefore, the said A. B., master and commander as aforesaid, hath requested me to protest, and I, the said notary, at such, his request, have pro Marine Protests. tested, and by these protests do publicly and solemnly protest against all and every person and persons whom it doth, shall or may concern, and against all and singular, the accidents, casualties and circumstances already set forth in the foregoing declaration, on oath, for all manner of losses, costs, damages, charges, expenses and injuries whatsoever, which the said ship and her cargo on board, and the freight by her earned, or to be earned, or either of them, or any part thereof, have already sustained, or may hereafter sustain, by reason or means of the foregoing premises. THUS DONE AND PROTESTED, in the city of [Seal.] and this day of in the year of our Lord one thousand eight hundred IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed [Signatures of deponents.] I, A. B., a public notary, in and for said county, duly commissioned and sworn, dwelling in said do certify the foregoing to be a true and exact copy of an original protest on record in my office. [Seal.] IN TESTIMONY WHEREOF, I hereunto set my hand and notarial seal, this day of and one thousand eight hundred [Signature of] Notary Public. 1207. Protest: Extended Before Another Notary. By this public instrument of protest, be it known to all whom it may concern, that on the day of in the year of our Lord one thousand eight hundred and before M. N., a notary public, of personally appeared C. D., master of the ship Mary, of of the burden of about tons, and noted with him in due time, and in due form of law, his protest, for the uses and purposes hereinafter mentioned. AND NOW, on this day of in the year before me, A. B., in the State of duly and State a notary public, in and for the county of aforesaid, comes the said C. D., and requires me to extend his said protest, and together with him come and appear [naming them] of said vessel, all of whom being by me duly sworn, severally declared on oath that [continuing as in preceding form, from the *]. Definition. Effect of. CHAPTER LXXVII. RECEIPTS. A RECEIPT is a written acknowledgment of a delivery, either of money or of other property. It is executed by the party who receives the thing delivered, and operates against him as his admission of the fact, which he will not be allowed, in a court of justice, to contradict without showing some adequate reason. Receipts may occur as clauses inserted in the frame of instruments having an independent character; as in a deed, in a bill of lading. In this chapter is only considered the form of drawing a receipt when it is to be given separately. A receipt which contains nothing but a simple acknowledgment that a payment of money or delivery of property has been made, without any special clauses, and without a seal, is not treated in law as of very binding or conclusive effect. It is merely presumptive evidence of the fact admitted. It is in general open to explanation. The rule which applies to written agreements, that they cannot be varied by parol evidence, does not apply to such a receipt; but the party may show the circumstances under which it was given, and may avoid its effect not only by showing that he was led to give it by fraud, or by some serious mistake, but generally by any clear proof that the money receipted for was not actually paid.(a) A more conclusive character is impressed upon a receipt, by affixing a seal to it. It will then be deemed to conclude the party executing it.(b) Clauses inserted in a receipt which import contract as to the application of the money, or the effect to be attributed to the payment, may render it conclusive, drawing it within the rule which forbids the contradiction of written contracts.(c) This is particularly true, when the amount of a debt being honestly contested, a receipt is given for a less sum "in full" of the whole.(d) (a) Thompson v. Faussat, Pet. C. C., 182; Dobbin v. Perry, 1 Rich., 82; Fitzgibbon. Kinney, 8 Harring, 817; State v. Robinson, 2 Harring, 5; Southwick v. Hayden, 7 Cow., 334; McCrea v. Purmort, 16 Wend., 460; Rollins v. Dyer, 16 Me., 475; Humphries v. McCraw, 5 Pet., 61; Stackpole v. Arnold, 11 Mass., 27; Johnson v. Johnson, Ib., 363; Weed v. Snow, 8 McLean, 265; Byrne v. Schwing, 6 B. Monr., 199; Murray v. Governeur, 2 Johns. Cas., 488; Farrar v. Hutchinson, 1 Per. & D., 437; Skaife v. Jackson, 8 Barn. & C., 421; House v. Low, 2 Johns., 878; Johnson v. Weed, 9 Johns., 810; Pettus v. Roberts, 6 Ala., 811; Giddings v. Munson, 4 Vt., 308; Beebee v. Moore, 8 McLean, 387; Hogan v. Reynolds, 8 Ala., N. S., 59; Thomas v. Austin, 4 Barb., 265; Tobey v. Barber, 5 Johns., 68; Brooks v. White, 2 Metc., 288; Putnam v. Lewis, 8 Johns., 889; Van Rensselaer v. Morris, 1 Paige, 13; Union Bank v. Sollee; 2 Strobh., 890. (b) Rountree v. Jacob, 2 Taunt., 141; Spiers v. Clay, 2 Hawks., 22. (c) Hillyer v. Vaughan, J. J. Marsh., 583; Eggleston v. Knickerbocker, 6 Barb., 58; Paige v. Perno, 10 Vt., 491; Reid v. Reid, 2 Dev. L. R., 247. (d) Ennie v. Gilbert, Wright, 464; Bailey v. Day, 26 Me., 88; Palmerston v. Huxton, 4 Den., 166; Thompson. Faussat, Pet. C. C., 182; Bristow v. Eastman, 1 Esp., 178; Alner v. George, 1 Campb., 892; Eve v. Mosely, 2 Strobh.... Analysis. Whenever an innocent person has acted upon faith reposed in a receipt, in such a way that he would be injured by allowing it to be falsified, the rule which permits it to be explained away by parol evidence does not apply as against him. 1. GENERAL RECEIPTS. 1208. General receipt for money. 1209. For chattels...... 1210. For papers 1211. Receipt for money paid by a third person... 1212. Receipt for money on behalf of a third person.. 1213. Form for indorsing a receipt on a written instrument.. PAGE 628 628 623 €29 629 629 • Received from Y. Z. one cart, one wagon, one plough, one harrow, one black horse five years old, known as Jack, and a yoke of oxen, heretofore kept by said Y. Z., on his farm in A. B. [Date.] 1210. For Papers. I hereby acknowledge that I have received from Y. Z. the several notes [or, deeds, or, contracts], and other papers, which are enumerated and described in the schedule annexed. [Date.] [Annex list, identifying papers by dates, parties' names, etc.] 208; Holbrook v. Blodget, 5 Vt., 520; Cunningham v. Batchelder, 82 Me., 316; Thomas. Austin, 4 Barb., 265; Patter son v. Atcheson, 1 Edw. Ch., 101, and 2 Ib., 427; Derrickson v. Morris, 2 Harring, 892; Trisler o:Williamson, 4 Har. & McH., A. B. 219; Lessions v. Gilbert, Brayt., 75; Benson v. Bennet, 1 Campb., 394, n.; Snyder v. Findley, Coxe, 48; Middleditch v. Sharland, 5 Ves. jr., 87; McDowell . Lenaitre, 2 McCord, 820; Lawrence v. Schuylkill Nav. Co., 4 Wash., 562. |