Page:United States Statutes at Large Volume 76A.djvu/345

–249– -249to his personal representative, if such there be, and if, with the exercise of reasonable diligence, he can be found. § 4408. Persons liable as partners Where the persons primarily liable on the instrument are liable as, partners, and no place of payment is specified, presentment for payment may be made to any one of them, even though there has been a dissolution of the firm. § 4409. Joint debtors Where there are several persons, not partners, primarily liable on the instrument, and no place of payment is specified, presentment must be made to them all. § 4410. When not required to charge drawer Presentment for payment is not required in order to charge the drawer where he has no right to expect or require that the drawee or acceptor will pay the instrument. § 4411. When not required to charge indorser Presentment for payment is not required in order to charge an indorser where the instrument was made or accepted for his accommodation and he has no reason to expect that the instrument will be paid if presented. § 4412. Excuse for delay Delay in making presentment for payment is excused when the delay is caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct, or negligence. When the cause of delay ceases to operate, presentment must be made with reasonable diligence. § 4413. When dispensed with Presentment for payment is dispensed with: (1) where after the exercise of reasonable diligence presentment as required by this chapter can not be made; (2) where the drawee is a fictitious person; (3) by waiver of presentment, express or implied. § 4414. Instrument dishonored by nonpayment The instrument is dishonored by nonpayment when: (1) it is duly presented for payment and payment is refused or cannot be obtained; or (2) presentment is excused and the instrument is overdue and unpaid. § 4415. Liability of person secondarily liable Subject to this chapter, when the instrument is dishonored by nonpayment, an immediate right of recourse to all parties secondarily liable thereon accrues to the holder. § 4416. Time of maturity A negotiable instrument is payable at the time fixed therein without grace. When the day of maturity falls upon Sunday, or a holiday, the instrument is payable on the next succeeding business day. Instruments falling due on Saturday are to be presented for payment on the next succeeding business day, except that instruments payable on demand may, at the option of the holder, be presented for payment before twelve o'clock noon on Saturday when that entire day is not a holiday.

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