The customs and usages of a.bank where a note is made payable, even though it may be made payable there by parol agreement, binds the indorser who knows of the agreement,1 and so it is that a custom of banks to give notice to the maker demanding payment on the first day of grace, and then giving notice forthwith without further demand, is binding upon the indorser if he knows of it, and the fact that the bank has the paper for collection,2 even though the paper is not payable at the particular bank.3 The same rule is good as to banking customs for notice after the last day of grace.* A custom of banks as to notes payable at the bank to give notices through the postoffice to people residing at the same place, in contravention of the recognized rule that such service must be personal, is binding upon indorsers of the paper.5 But a custom to give notice of dishonor before the close of banking hours on the last day of grace is not good,6 where the rule is held that the maker or acceptor or drawee has the whole of the last day of grace during banking hours in which to pay.7

17 Lewis v. Bakewell, 6 La. Ann. 359.

18 Weaver v. Penn, 27 La. Ann. 129.

19 See Weaver v. Penn, 27 La. Ann. 129, and cases as to demand, Sec. 257, ante.

20 Boyd v. City Sav. Bank, 15 Grat. 501. The court must have held the words " legal representative " to be surplusage. There should have been proof that the notice was received, unless the presumption is to be indulged that the postoffice is omniscient.

21 Brent v. Washington Bank, 2 Cranch, C. C. 517; Bank of Washington v. Pierson, 2 Cranch, C. C. 685; Bird v. Doyal, 20 La. Ann. 541.

22 Generally speaking, this situation would be impossible. The contingent liability would be presented as a claim and the administration would not be closed. But see Christmas v. Flisker, 7 Rob. (La) 13; New Orleans R. Co. v. Kerr, 9 Rob. (La.) 122.

23 See Sec. 257, ante. There is one case where notice was served upon an indorser who was sick. It was sufficient. He was told what it was, but it did not appear that he heard. Miles v. Hall, 12 Smedes & M.332.