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Protest Evidence of What Facts


PROTEST EVIDENCE OF WHAT FACTS. The notary's certificate of protest is only evidence of those facts which are stated therein and which are the duty of the notary to note in making presentment and demand for payment. Collateral facts noted by the certificate must be proved by other evidence. So where, as is usually the custom, the notary sends out the notices of dishonor to the drawer and indorsers, as this duty is not required of him by the law merchant, his certificate in regard to such notices being sent out is not legal evidence of the fact. But statutes in the different States usually provide that a notarial certificate of protest will be evidence of any fact therein stated in respect to notice. (Tiedeman, Corn. Pap., Sec. 327.) The certificate of protest may fail to state all the neces sary facts, and in such a case the missing facts are not as a rule to be supplied by implication or infer ence. (Bank v Smith, i 1 Wheat., 171; Bradshaw v. Hedge, 10 la., 402.) A protest certificate is only prima facie evidence, and all facts stated therein may be disproved by competent evidence showing the statements to be untrue. (Howard Bank v. Carson, so Md., 27.)