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The codes of California as amended and in force at the close of the thirty-eighth session of the Legislature, 1909 (Volume 2 Civil Code) online

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§ 21 27 and note.

As to bonds, see K<rr".'« Cyc. C. C. I 3261 and note.

As to certiflcntes of deposit, see Kerr's Cyc. C. C. I 3261 and
note.

As to checks, sec Kerr's Cyc. C. C. II 32^4 ot str<\. And notes.
Kerr's C. C. — 49 1537



§§ 3099, 3100 CIVIL. CODE. [Div.III.Pt.IV.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

As to negotiable instrument, definition of, see Kerr's Cyc. C.
C. §§ 3087 and 3088 and notes.

As to promissory notes, see Kerr's Cyc. C. C. §§ 3244 et seq.
and notes.

As to unindorsed note payable to maker or fictitious person,
when deemed negotiable in effect, see Kerr's Cyc. C. C. § 3102
and note.



ARTICLE II.

INTERPRETATION OF NEGOTIABLE INSTRUMENTS.

§ 3099. Time and place of payment.

§ 3100. Place of payment not specified.

§ 3101. Instruments payable to a person or his order, how

construed.

§ 3102. Unindorsed note, when negotiable.

§ 3103. Fictitious payee.

§ 3104. Presumption of consideration.

§3099. TIME AND PLACE OF PAYMENT. A negotiable
instrument which does not specify the time of payment, is
payable immediately.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

130 C. 542, 548, 62 P. 1059 (construed and applied).

As to date of negotiable instrument, actual or noininal, see
Kerr's Cyc. C. C. § 3094 and note.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

As to time of payment, see Kerr's Cyc. C. C. § 3091 and note.

§ 3100. PLACE OF PAYMENT NOT SPECIFIED. A nego-
tiable instrument which does not specify a place of payment,
is payable at the residence or place of business of the maker,
or wherever he may be found.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 262.

See Kerr's Cyc. C. C. for 5 pars, annotation.
113 C. 21, 24, 45 P. 12 (construed and applied with § 1489).
As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

1538



Tit.XV.ch.r.art.ir.l UNINDORSED NOTE. §5 3101-3103

S.'MOl. INSTHl .MK>TS rVYAHKE TU A rEHSO> OK HIS
OKDKH, HOW ( ONSTIU'KH. An iiisu-uineiit. otherwise neRo-
tiable in form, payable to a person named, but with the words
added, "or to his order," or "to bearer," or words equivalent
thereto, is in the former case payable to the written order of
such i)erson, and in the latter case payable to the bearer.

MiNtcTy: Enuctod March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
61 C. 346. 347, 44 A. R. 553 (construed).

As to many miscellaneous matters as to Tugotlahk- instru-
ments, see note § 3086, ante.



§3102. IMNDOHSED >OTE, WHEN NEGOTIABLE. A

negotiable instrument, made jtayable to the order of the
maker, or of a fictitious person, if issued by the maker for
a valid consideration, without indorsement, has the same
effect against him and all other persons having notice of
the facts as if payable to the bearer.

IIiNll^ry: Kiiacti-.l Mar. li 21, 1S72.

See Kerr's Cyc. C. C. for 3 pur.s. annotation.

54 C. 110 (construed and api'lled).

As to many miscellaneous matters as to negotlalOe Instru-
ments, see note S 3086, ante.

As to negotiable instrum<'nt pnyahlo to order of fU-tltious
person, efTect of, sei- K<-rr's t'yi-. C C | 310:5 and note.

As to payee of ni-Kot lal>l«' l?i«i iiini.-'ii <i ir..i\..i-i n v <.-.. K..rr"M
Cyc. C. C. S 3089 and not..



§:no:{. FICHTIOIS TA^EE. a negotiable instrument,
made payable to the order of a person obviously flctitious.

Is payable to the bearer.

Illnloryi Enacted March 21, 1872.

See Kerr's Cyc. C. C for 2 pars, annotation.
As to fictitious payees In >f"'*ral. see 65 A. It. 472. 4V4.
As to many miscellaneous matters as to nefcutiable Instru-
ments, see note ji 3086, ante.

As to payee In general, see Kerr's Cyc. C. C. i 3089 and not*.

IB.*?!*



§ 3104 CIVIL CODE. [Div.III.PtlV.

§ 3104. PRESUMPTION OF CONSIDERATION. The signa-
ture of every drawer, acceptor, and indorser of a negotiable
instrument is presumed to have been made for a valuable
consideration, before the maturity of the instrument, and
in the ordinary course of business.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 17 pars, annotation.

64 C. 410, 413, 415, 1 P. 495, 874 (construed and applied); 106
C. 651, 655, 40 P. 8 (applied with other sections); 139 C. 665,
667, 73 P. 543 (construed and applied); 6 C. A. 88, 92, 91 P.
532 (it is presumed that notes were indorsed before maturity
and for valuable consideration).

As to consideration of written instruments in general being
presumed, see Kerr's Cyc. C. C. § 1614 and note.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

As to want of consideration for undertaking of maker, etc.,
effect of, etc., see Kerr's Cyc. C. C. § 3122 and note.



1540



Tit.XV.ch.I.art.ITI.] INDORSEMENT. §3108

ARTICLE III.

INDORSEMENT.

§3108. Indorsement, what.

§ 3109. Agreement to indorse.

S 3110. When may be made on separate paper.

§3111. Kinds of indorsement.

§ 3112. General indorsement, wliat.

§ 3113. Special indorsement, what.

S 3114. General indorsement, how made special.

§ 3115. Destruction of negotiability by Indorser.

§3110. Implied warranties of indorser.

§3117. Indorser, when lial)le to payee.

§3118. Indorsement witliout recourse.

§ 3119. Same. [Effect of.]

§ 3120. Indorsee privy, to contract.

§3121. Riglits of accommodation indor.«tr (i-.j.. 1 1..] >

§ 3122. Effect of want of consideration.

§3123. Indorsee in due course, wliat.

§ 3124. Riglits of Indorsee in due course.

§3125. Instrument left blank.

§310S. INDORSEMENT, WHAT. One who writes his name
upon a negotiable instrument, otherwise than as a maker
or acceptor, and delivers it, with his name thereon, to an-
other person, is called an indorser, and his act is called
indorsement.

IliNtory: Enacted March 21, 1872.

S<e Kt-rr's Cyc. C. C. for 9 pars, annotation.

5G C. 442, 445 (cited); G2 C. 484. 487 (applied); 77 C. I7fi. 178.
19 P. 882, 883. (cited); 87 C- 616, 617. 25 P. 918 (referred to);
94 C. 96, 104, 28 A. S. 94, 29 P. 415. 416 (refirr.-d lo); 106 C.
208, 211, 39 P. 606 (referred to); 123 C. 208. 217. 55 P. 791
(cited); 44 P. 482. 483 (cited).

As to indorsers and Indorsements, see 14 A. .^. 703, 794.

As to many miscellaneous matters as to ncRotlahlo Instru-
ments, see note § 308C, ante.

Form of indorsement. — See Kerr's Cyc. C. C. j 3109 an>l note.

Indorser before delivery, liability to payee. — See Kerr's Cyc.
C. C. § 3117 and note.

Maker and indorser of note as Joint debtors. — See 66 A. S.
690.

1541



§§3109-3112 CIVID CODE. [Div.III.Pt.IV.

Parol testimony respecting negotiable instruments. — See 15
A. S. 287; 56 A. S. 668.

Same — To vary contract of indorsement. — See 39 A. R. 116; 9
A. D. 381-385; 7 A. S. 366.

§3109. AGKEEMEJiT TO INDORSE. One who agrees to
indorse a negotiable instrument is bound to write his signa-
ture upon the back of tlie instrument, if tliere is sufficient
space thereon for that purpose.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.
87 C. 616, 617, 25 P. 918 (referred to).

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

§3110. WHEN MAY BE MADE ON SEPARATE PAPER.

When there is not room for a signature upon the back of
a negotiable instrument, a signature equivalent to an indorse-
ment thereof may be made upon a paper annexed thereto.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 2 pars, annotation.

87 C. 616, 617 (referred to), 25 P. 918; 126 C. 107, 110, 77 A. S.
153, 58 P. 447 (cited).

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

§ 3111. KINDS OF INDORSEMENT. An indorsement may
be general or special.

History: Enacted March 21, 1872.

§3112. GENERAL INDORSEMENT, WHAT. A general
indorsement is one by which no indorsee is named.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

As to indorsement of negotiable paper by one not holder or
payee, see 29 A. D. 297-299; 56 A. D. 358, 359.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Indorsement in blank of non-negotiable note.^ — See 13 A. D.
55-57.

1542



Tit.XV.ch.I.art.ITI.] INDORSEMENT— WARRANTY. §§ 3113-3116

§3113. SPKdAL IXDOKSEMENT, WHAT. A special in-
dorsement specifies the indorsee.

HiMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.
139 C. 564, 580, 96 A. S. 169, 73 P. 456 (cltedV
As to many miscellaneous matters as to negotla>)le Instru-
ments, see note § 3086, ante.

§3114. GENERAL INDORSEIFEM, HOW MADE SPE-
CI.VL. A negotiable instrument bearing a general indorse-
ment cannot be afterwards sj)ecially indorsed; but any lawful
holder may turn a general indorsement into a special one, by
writing above it a direction for payment to a particular per-
son.

III.H<orj: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 5 pars, annotation.

As to many miscellaneous matters as to negotiable Instru-
ments, see note § 3086, ante.

§3115. DESTRr(TI(>\ OF XEGOTIAHILITY HV IN-
DORSE R. A special indorsement may, by express words for
that purpose, but not otherwise, be so made as to render the
instrument not negotiable.

HiNtory: Enacted Marrli 21. 1S72.

Sop Kerr's Cyc. C. C. for 3 pars, annotation.

139 C. 564, 580. 96 A. S. 169. 73 P. 456 (citod wifli Hji 311.1.
3115).

As to many misicllaneinis matters as to nogotialilo Inntru-
monts. see note 8 3086. ant.-.

§3110. l.nrUEH »AKRA.M1E.S OF l.NDOR.SFH. IJvery
iiidorser of a negotiable instrument, unless his Indorsement
is qualified, warrants to every subsequent holder t hereof .
who is not liable thereon to him:

1. That it is in all respects what it purports to be.

2. That he has a good title to it.

3. That the signatures of all prior i)arties are binding
upon them.

1543



§ 3116 . CIVIL CODE. [Div.III.Pt.IV.

4. That if the instrument is dishonored, the indorser will,
upon notice thereof duly given to him, or without notice,
where it is excused by law, pay the same with interest, unless
exonerated under the provisions of sections thirty-one hun-
dred and eighty-nine, thirty-two hundred and thirteen, thirty-
two hundred and forty-eight, or thirty-two hundred and
fifty-five.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 263.

See Kerr's Cyc. C. C. for 36 pars, annotation.

56 C. 442, 445 (referred to); 81 C. 507, 510, 22 P. 883, 884 (con-
strued); 103 C. 319, 324, 42 A. S. 117, 37 P. 401 (construed);
132 C. 480, 482, 64 P. 853 (cited); 134 C. 237, 242, 66 P. 326
(cited); 139 C. 564, 574, 580, 584, 96 A. S. 169, 73 P. 456, 457
(cited); 147 C. 166, 170, 81 P. 402, 404 (cited); 151 C. 723, 729,
91 P. 616 (one who is at all times bound to pay a note is
not entitled to recourse against one who is liable only to sub-
sequent holders); 151 C. 754, 759, 81 P. 620 (cited); 1 C. A. 516.
520, 82 P. 560 (cited).

As to exoneration of guarantors, see Kerr's Cyc. C. C. § 2819.

As to implied warranty under indorsement "without recourse,"
see Kerr's Cyc. C. C. § 3118, note.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Acceptance of bill of exchange admits signature of drawer. —
See Kerr's Cyc. C. C. § 3199 and note.

Excuse of presentment and notice. — See Kerr's Cyc. C. C.
§§ 3155-3160 and notes.

Forgery of note or indorsement. — See 49 A. D. 315, 316.

Indorsement — Admits and guarantees genuineness of signa-
tures. — See 49 A. D. 315.

Same — After maturity. — See 12 A. D. 611.

Same — Procured by fraud. — See 4 A. R. 240-243.

Same — "Without recourse," duties and liabilities of indorser.
—See 7 A. S. 365.

Rights and obligations of drawer of bill of exchange. — See
Kerr's Cyc. C. C. § 3177 and note.

That contract of indorser is conditional, being contingent upon
true presentment at maturity, and due notice in case of non-
payment, see Kerr's Cyc. C. C. §§ 3141-3151 and notes.

That contract of principal debtor is absolute to pay at ma-
turity, and that no presentment is necessary to charge him, see
Kerr's Cyc. C. C. § 3130 and note. '

Want or failure of consideration, effect of. — See Kerr's Cyc.
C. C. § 3122 and note.

1544






Tlt.XV,ch.I,art.III.] indorsement. §§3117-3119

§3117. INDORSEE, WHEN LIABLE TO PAYEE. One who

indorses a negotiable instrument before it is delivered to
the payee, is liable to the payee thereon, as an indorser.

History: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 5 pars, annotation.

62 C. 484, 487 (applied); 77 C. 476, 478, 19 P. 882, 883 (construed
with other sections); 87 C. 616, 617, 25 P. 918 (applied); 94 C.
96, 104, 28 A. S. 94, 29 P. 415 (construed); 120 C. 688, 689. 690.
691, 53 P. 258 (construed); 125 C. 684, 685 (applied to joinder of
Indorsers as co-defendants, but erroneously cited as § 2117), 58
P. 297, 298 (correct citation); 132 C. 480, 482, 64 P. 853 (cited);
133 C. 574, 576, 65 P. 1094 (cited); 44 P. 482 (cited): 147 C. 166,
170, 81 P. 402 (applied).

As to guaranty, in general, see Kerr's Cyc. C. C. §§ 2787 et
seq. and notes.

As to liability upon guaranty of conditional obligation, see
Kerr's Cyc. C. C. § 2808 and note.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

Indorsement, before delivery, by one not a party — Evidence to
define liability.— See 2 A. R. 475; 27 A. R. 580-582; 29 A. D. 297-
299; 72 A. S. 676-684.

Indorsc-r and indorsement defined. — See Kerr's Cyc. C. C. $ 3108
and note.

§3118. IXDOKSEAIEM WITHOLI KECOLKSE. An in-
dorser may qualify his indorsement with the words, "with-
out recourse," or equivalent words; and upon such indorse-
ment, he is responsible only to the same extent as in the
case of a transfer without indorsement.

IIIMoryt Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 4 pars, annotation.

As to indorsement "without recourse," see 87 A. D. 389-391; 7
A. S. 365.

As to many miscellaneous matters as to negotiable instru-
ments, see note 5 3086, ante.

§3119. SAME. [EFFECT OF.] Except as otherwise pre-
scribed by the last section, an ipdorsement. without recourse,
has the same effect as any other indorsement.

Hlntoryi Enacted March 21. 1872.
1545



§§ 3120-3123 CIVIL CODE. [Div.III.Pt.IV.

As to many niiscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

See Kerr's Cyc. C. C. § 3118 and note.

§3120. INDORSEE PKIVY TO CONTRACT. An indorsee
of a negotiable instrument has the same rights against every
prior party thereto that he would Tiave had if the contract
had been made directly between them in the first instance.

History: Enacted March 21, 1872.

As to many miscellaneous matters as to negotiable Instru-
ments, see note § 3086, ante.

Collateral security to indorser inures to benefit of creditor. — •
See 27 A, D. 720.

Memorandum upon bills or notes, effect of. — See 14 A. D. 232,
234.

That collateral security passes with transfer of bill or note,
see Kerr's Cyc. C. C. § 2936 and note.

§3121. RIGHTS OF ACCOMMODATION INDORSER (re-
pealed).

History: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 263.

§3122. EFFECT OF WANT OF CONSIDERATION. The

want of consideration for the undertaking of a maker,
acceptor, or indorser of a negotiable instrument does not
exonerate him from liability thereon to an indorsee in good
faith for a consideration.

Htstory: Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 17 pars, annotation.

64 C. 410, 413, 1 P. 495, 874 (cited); 83 C. 173, 175, 23 P. 286,
287 (referred to); 106 C. 651, 655, 40 P. 8 (cited).

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

§ 3123. INDORSEE IN DUE COURSE, WHAT. An indorsee
in due course is one who, in good faith, in the ordinary
course of business, and for value, before its apparent matur-
rity or presumptive dishonor, and without knowledge of its

1546



Tit.XV,ch.I,art.III.] indorsement in course. §.3124

actual dishonor, acquires a negotiable instrument duly in-
dorsed to him, or indorsed generally, or payable to the bearer.

HLsfory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 25 pars, annotation.

54 C. 107. 109 (referred to); 68 C. 545, 548. 9 P. 942. 944 (cited);
69 C. 142. 144, 10 P. 331. 332 (cited): 83 C. 173. 175, 23 P. 286.
287 (cited); 106 C. 651, 655, 40 P. 8 (qited); 128 C. 313, 320, 60
P. 933 (referred to); 71 P. 87. 89 ("cited).

As to apparent maturity, see ICerr's Cyc. C. C. $ 3132 and note.

As to demand and notice, see Kerr's Cyc. C. C. §3116 and note.

As to many miscellaneous matters as to negptlable instru-
ments, see note § 3086, ante.

As to presumptive dislionor, see Kerr's Cyc. C. C. § ."^ISS and
note.

As to rule of apparent maturity, concerning du-i-k-s. compare
this section witli §§ 3134, 3255.

Bona fide holders, and their rislits. — Sec 9 A. D. 272. 273; 26
A. D. 156-158; 35 A. R. 688-691.

Dilig-ence as to collection required of holder of nejarotiable
paper taken as collateral security. — See 34 A. D. 451. 452.

Rights of holder wlio has received Instrument merely as col-
l.Ttoral security. — See 47 A. D. 182; 71 A. D. 499.

Uulo applical)Ie to checks. — See post § 3255.

Tiiat taking of negotial)le paper, liefore maturity, in payment
of, or as collateral security for pre-existing debt, is taking it
for value, see cases collected in 89 A. D. 411.

Writing Imports consideration. — See Kerrs Cyc. C. C. §3122
and note.



ssiiM. ]{n;Mis OF indouskk in Dli: (OntSK. .\n

indorsee of a negotial)le instrument, in due course, acquires
;in absolute title thereto, so that it is valid in bis hands, not-
withstanding any provision of law making it generally void
or voidal)le. and notwithstanding any defect in the title of
the i)erson from whom bo acquired it.

IIlNtory; Enacted March 21. 1872.

See Kerr's Cyc. C. <^. for 35 par.«». annotation.

68 C. 545, 548 (applied I>ut erroneously cited as 1(3134). 9 P.
942, 944 (correct citation); 69 C. 142. 144, 10 P. 331. 332 (cited);
106 C. 651. 655, 40 P. 8 (cited); 128 C. 313. 320. 58 P. 322, 60 P.
933 (referred to).

As to actions by asslgrnee or indorsee, see Kerrs Cyc. C. C. P.
§ 368 and note.

1547



§ 3125 CIVIL CODE. [Div.III.Pt.IV.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

As to transfer of non-negotiable instruments, see ante § 1459
and note.

As to wiietlier any defenses exist against holder in due course,
see Kerr's Cyc. C. C. § 1459, and Kerr's Cyc. C. C. P. § 3368 and
notes.

§3125. INSTRUMENT LEFT BLANK. One who makes
himself a party to an instrument intended to be negotiable,
but which is left wholly or partly in blank, for the purpose
of filling afterwards, is liable upon the instrument to an
indorsee thereof in due course, in whatever manner and at
whatever time it may be filled, so long as it remains nego-
tiable in form.

HLstory: Enacted Marcli 21, 1872.

See Kerr's Cyc. C. C. for 4 pars, annotation.

As to ascertaining name of payee, see Kerr's Cyc. C. C. § 3089
and note.

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.



1548



Tit.XV.ch.I.art.IV.] demand OF payment. §§3130,3131

ARTICLE IV.

PRESENTMENT FOR PAYMENT.

i 3130. Effect of want of demand on principal debtor.

S 3131. Presentment for payment, how made.

S 3132. Apparent maturity, when.

i 3133. Presumptive dishonor of bill, payable after sight.

I 3134. Apparent maturity of bill, payable at sigrht.

Ji 3135. Apparent maturity of note.

i 3136. Same. [After .sipht or demand.]

S 3137. Surrender of In.strument, when a condition of payment.

§3130. EFFKCr OF AVAM OF DEM.\>D ON VUIM I I'M,
DKBTOK. It Is not necessary to make a demand of payment
upon the principal debtor in a negotiable Instrument in order
to charge him; but if the instrument Is by its terms payable
at a specified place, and lio is able and willing to pay It there
at maturity, such ability aiul willingness arc equivalent to
an offer of payment upon his part.

HiNtoryi Enacted March 21, ISrr.

See Kerr's Cyc. C. C. for 13 pars, annotation.

79 C. 224, 229. 21 P. 745. 746 (cited); 82 C. 32. 33, 22 P. 87S
(construed with { 3131. which section applies to Indorsor and
not to maker of note>: 131 C. 187, 191, 82 A. S. 341, f.3 P. 4fi2.
463 (cited).

As to Implied warranty nf Indorser, aoo Kerr'f C\ <-. r*. f. p.
fl 311f> and note.

As to Mjany mlscelljineous matters as to negotlablo instru-
ments, SCO note I 3086. ante.

Presentment — In case of acceptance for honor. — Sec Korr'«
Cyc. C. C. P. SI 3206. 3207 and notes.

Same — Not necessary to charjfc drawer In a bill drawn upon
himself. — See K.rr's Cyc. C. C. P. i 3I.''i.'> subd. 3 and note.

Same — Of bill of exchange for acceptance. — See Kcrr't Cyc. C.
C. P. H 3186 et seq. and notes.

Same — Of bill of exchange for payment. — See Kerr's Cyc C C
P. in 3211 ct seq, and notes.

Presentment ami demand where note is paynM'' ^' < pnrll<-nl«r
time and place. — See 25 A. D. 340; 28 A. D. 335.

§3131. PRESENT.MKVT FOR PAYMENT. IIO>> .MAOE.

Presentment of a negotiable instrument for payment, when

1549



§ 3131 CIVIL CODE. [Div.III,Pt.IV.

necessary, must be made as follows, as nearly as by reason-
able diligence it is practicable:

1. The instrument must be presented by the holder, or his
agent;

2. The instrument must be presented to the principal
debtor, if he can be found at the place where presentment
should be made; and if not, then it must be presented to
some other person having charge thereof, or employed therein,
if one can be found there;

3. An instrument which specifies a place for its payment
must be presented there; and if the place specified includes
more than one house, then at the place of residence, or busi-
ness, of the principal debtor, if it can be found therein;

4. An instrument which does not specify a place for its
payment must be presented at the place of residence, or busi-
ness, of the principal debtor, or wherever he may be found,
at the option of the presenter;

5. The instrument must be presented upon the day of its
maturity, or, if it is payable on demand, it may be pre-
sented upon any day. It must be presented within reason-
able hours; and if it is payable at a banking house, within
the usual banking hours of the vicinity, but, by the consent
of the person to whom it should be presented, it may be
presented at any hour of the day;

6. If the principal debtor has no place of business, or if his
place of business, or residence, cannot, with reasonable dili-
gence, be ascertained, presentment for payment is excused.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 263; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 420, held uncon-
stitutional, see history, § 4 ante; amendment re-enacted March
21, 1905, Stats, and Amdts. 1905, p. 620.

See Kerr's Cyc. C. C. for 20 pars, annotation.

64 C. 410, 422, 1 P. 495, 496, 874 (applied in main opinion, and
construed on p. 422, dis. op.); 79 C. 224, 229, 21 P. 745, 746 (cited);
82 C. 32, 33, 34, 22 P. 878 (construed with other sections — § 3131
applies to indorser and not to maker, of note); 107 C. 282, 285,
40 P. 430 (applied); 151 C. 754, 758, 759, 91 P. 620 (subd. 5 cited).

As to many miscellaneous matters as to negotiable instru-
ments, see note § 3086, ante.

1550



Tit.XV.ch.I.art.IV.] dishonor. §§ 3132-3134

As to place of presentment, see 15 A. D. C43, 644; 25 A. D. 340.

As to reasonable diligence, see Kerr's Cyc. C. C. {§3155, 3158,
3213 and notes.

Bills of exchange, where payable. — See Kerr's Cyc. C. C. { 3176,

Plac# of presentment, what sufficient. — See 24 A. R. 160, 161;
15 A. U. 643. 644.

Presentment of liills of exchange for acceptance. — See Kerr's
Cyc. C. C. §§ 3185 et seq. and notes.

Same — For payment. — See Kerr's Cyc. C. C. § 3211 et seq. and
notes.

§3132. APP.VKENT 3I.\TriUTY, >VHE>. The apparent
maturity of a ne^otialile iiistniineiit, i)ayal)le at a particMilar
time, is the daj' on which, by its terms, it becomes due. or
when that is a holiday, the next business day.

IliMtory: Enacted MarrJi 21. 1S72.



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