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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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See Kerr's Cyc. C. C. for 9 pars, annotation.
64 C. 410, 412, 1 V. 495, 874 (referred to).

As to due diligence in malting demand, see 11 A. D. 217. 218.
As to many misct-llaneou.s malti-r.s .-i.s tti n.oroi hiMf instru-
ments, see note g 3086. ante.

SSirW. PHKSr.Ml'TIVE DISIIOXHt OF HILL, PAY.VBLE
AFTEK SUillT. A bill of exchange, i)ayable at a certain time
after sight, which is not accepted within ten days after its
date, in addition to the time which would siifhce, with ordi-
nary diligence, to forward it for acceptance, 1.^ iiresumed to
have been dishonored.

Hiwtory: Knactod March 21. 1S72.

See Kerr's Cyc. C. <'. tnr 6 pars, annotation.

As to many miscellaneous matters as to negotinblo Iniitru-
ments. see imte § 30St',. ante.

S31.'{1. .U'PAHF.NT .MATrUITY (M HIM.. r.V\Alll.l. Ai
SKilIT. The apparent maturity of a bill of exchange, pay-
able at sight or on demand, is:

1. If it bears interest, one year after its date; or.

L*. If it does not bear Interest, ten days after its date, in
addition to the time which would sufTlce, with Drdlnary dili-
gence, to forward it for acceptance.

Illntory: Knactod March 21. 1872.
1551



§§ 3135-3137 CIVIL CODE. [Div.III,Pt.IV.

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

68 C. 545, 548 (erroneously cited for § 3124), 9 P. 942, 944 (cor-
rect citation).

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

Presentment — Where delay in does not exonerate. — See Kerr's
Cyc. C. C. § 3214 and note.

Same — Rule as to checks. — See Kerr's Cyc. C. C. § 3255 subd. 1
and note.

Promissory notes payable on demand. — See 80 A. D. 250-254.

§ 3135. APPARENT MATURITY OF NOTE. The apparent
maturity of a promissory note, payable at sight or on
demand, is:

1. If it bears interest, one year after its date; or,

2. If it does not bear interest, six rnonths after its date.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.

74 C. 362, 363, 364, 16 P. 19, 20 (referred to); 79 C. 224, 229, 21
P. 745, 746 (construed with other sections); 22 P. 673, 675 (in-
dorser is entitled to waive notice of dishonor when); 82 C. 32,
34, 22 P. 878 (construed with other sections — § 3135 applies to
indorser and not to maker of note); 98 C. 323, 326, 35 A. S. 172,
33 P. 204, 206, 20 L. 580 (referred to); 6 C. A. 197, 201, 91 P. 759
(cited — what is necessary to charge indorsers).

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

Presentment not made in time, and not excused, exonerates
indorsers. — See Kerr's Cyc. C. C. § 3248 and note.

§ 3136. SAME. [AFTER SIGHT OR DEMAND.] Where a
promissory note is payable at a certain time after sight or
demand, such time is to be added to the periods mentioned
in the last section.

History: Enacted March 21, 1872.

§ 3137. SURRENDER OF INSTRUMENT, WHEN A CONDI-
TION OF PAYMENT. A party to a negotiable instrument may
require, as a condition concurrent to its payment by him:

1. That the instrument be surrendered to him, unless it is
lost or destroyed, or the holder has other claims upon it; or,

2. If the holder has a right to retain the instrument and

1552



Tit.XV,ch.I.art.V.] DISHONOR, what is. 5 3141

does retain it, then that a receipt for the amount paul, or an
exoneration of the party payinc:, be written thereon; or,

3. If the instrument is lost or destroyed, then that the
holder Rive to him a bond, executed by himself and two
Bufflcient sureties, to indemnify him against any lawful claim
tliereon.

IliMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.
82 C. 550, 557, 22 P. 1115, 1117. 1118 (applied;.
As to many misoellanfous niallt-rs as to negotiable instru-
ments, see note ( 3086, ante.



ARTICLK V.

DISHONOR OF NEGOTIABLE INSTRUMENTS.

I 3141. Dishonor, what.

I 3142. Notice, by whom jflven.

§3143. Form of notice.

I 3144. Notice, Jiow servod.

13145. Notice, bow scrvtd after Indorscr's death.

13146. Notice given in Ignorance of death, valid.
f 3147. Notice, when to \>e glv«n.

I 3148. Notice of dishonor, when to \>o ni.ill'<|

I 3149. Notice, how given by agent.

13150. Additional time f<ir notice by indoriK'r.

f 3151. EfTvct of notice of dlsliunor.

§.tI4I. DISIiONOH, »n.VT. A negotiable InKtrument is

(llsbonori'd. wln-ii It i.s cilber not paid, or not acc<«pled.
arcordlnK to Its tenor, on presentment for the pur|>oiM». or
without presentment, where that i8 excused.

Illaturri Enacted March 31. Ifl72.

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

161 C. 754. 759. 91 P. 620 (cited).

As to many misrelJaneotis matterr>
inonts. SCO note f 3086. ante.

Dishonor — By non-payment of Interest. — Sec 30 A. It. :u|-;*»J.
100 A. D. 196-199.

Same — Of hill by nnn-acceptnnre.— S< ■
SI 3187. 3188, 8194 and notes.

15B3



§§ 3142-3144 CIVIL CODE. [Div.III.Pt.IV.

Same — Of foreign bills of exchange, damages allowed. — See
Kerr's Cyc. C. C. §§ 3234, 3238 and notes.

Same — Payment or acceptance to prevent.— See 92 A. D. 578-
580.



§3142. NOTICE, BY WHOM GIVEN. Notice of the dis-
honor of a negotiable instrument may be given:

1. By a holder thereof; or,

2. By any party to the instrument who might be compelled
to pay it to the holder, and who would, upon taking it up,
have a right to reimbursement from the party to whom the
notice is given.

Hijstory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

55 C. 406, 407 (construed with otlier sections).

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

Bill of exchange, protest of. — See post § 3228.

Notice — Of dislionor to acceptor for honor. — See post §§ 3206,
3207.

Same — Of protest. — See post § 3225.

§ 3143. FORM OF NOTICE. A notice of dishonor may be
given in any form which describes the instrument with rea-
sonable certainty, and substantially informs the party receiv-
ing it that the instrtiment has been dishonored.

Hi-story: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 15 pars, annotation.

55 C. 406, 407 (construed with other sections); 57 C. 327, 330
(cited).

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

Dishonor of foreign bills of exchange — Notice of. — See post
§ 3225.

§ 3144. NOTICE, HOW SERVED. A notice of dishonor may
be given :

1. By delivering it to the party to be charged, personally,
at any place; or,

2. By delivering it to some person of discretion at the place

1554



» Tit.XV.ch.I.art.V.] NoTlCH. SKliVlci-: of. §j} .'{HG. 3146

of residence or business of such party. ai>i)arently acting for
him; or,

3, By properly folding tlie notice, directing it to tlie party
to be charged, at his i)lace of residence, according to the best
information that the person giving the notice can obtain,
depositing it in the post office most conveniently accessible
from the place where the presentment was made, and paying
the postage thereon.

IIlNtury: Knacted Manh 21. 1872.

See Kerr's Cyc. C. C. for 9 pars, annotation.

T,7 C. 327. 330 (rcforred to); 62 C. 26<>. 2fi2 (r.-f.-rrcl to). f,3
C. 367. 368 (cited): 86 C. 449, 456. 25 P. 16. 17. 10 L. ^A'y (cited).

As to personal notice, see 38 A. D. 607.

As to many niiaci-llaneous matters as to nf(^ollald<- ln.'<tru-
ments, see note § 3086. ante.

Foreign bills of exclian^e. notice of dislionor, how btIvom. —
See Kerr's Cyc. C. C. § 3231 and note.

Notary's protest as evidence. — See Kerr's Cyc. Pol. C. | 795 and
note.

Notice of dishonor, siifflclency of. and how served. — See 38
A. D. 607-616: 26 A. K. .'■|(i.'.-r)O.S.

Srni.K \OTI(K, HOW .SKHVKU AFTEK IMHUiSKH'S
DK.VTII. In case of the death of a luirty to whom notice of
dishonor should otherwise be given, the notice must be
given to one of his personal representatives; or, if there' are
none, then to any member of his family who resided with him
at his death; or, if there is none, then it must be mailed to
his last place of residence, as prescribed by subdivision three
of the last sectlrjii.

iIlnlor.>: Hnacli-d March 21. 1S72.

See Kerr's Cyc. C. C. for 5 pars, annotation.
99 C. 143. 144. 33 P. 773 (r.'ferre<l t.i).

As to many ml8cellani-ou.s mattt-rs as to negotiable Instru-
ments, see noto j| 30S6, .'inte.

§3140. NOTirK (;IVK> IN K.NonVMi; Ol Iii.AIII.
V.VLIl). A notice of dishonor sent to a i)arty after his death,
but in ignorance thereof, and in good faith. Is valid.

Hlatoryi Ennctod March 21, 1872.
1555



§§ 3147-3150 CIVIL CODE. [Div.III,Pt.IV.

§3147. NOTICE, WHEN TO BE GITEN. Notice of dis-
honor, when given by the holder of an instrument or his
agent, otherwise than by mail, must be given on the day of
dishonor, or on the next business day thereafter.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.

147;- C. 166, 170, 81 P. 402, 404 (cited); 151 C. 754, 759, 91 P.
620 (cited).

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

§ 3148. NOTICE OF DISHONOR, WHEN TO BE MAILED.

When notice of dishonor is given by mail, it must be depos-
ited in the post office in time for the first mail which closes
after noon of the first business day succeeding the dishonor,
and which leaves the place where the instrument was dis-
honored, for the place to which the notice should be sent.

History: Enacted March 21, 1872.

151 C. 754, 759, 91 P. 620 (cited).

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

§3149. NOTICE, HOW GIVEN BY AGENT. When the
holder of a negotiable instrument, at the time of its dishonor,
is a mere agent for the owner, it is sufficient for him to give
notice to his principal in the same manner as to an indorser,
and his principal may give notice to any other party to be
charged, as if he were himself an indorser. And if an agent
of the owner employs a subagent, it is sufficient for each
successive agent or subagent to give notice in like manner
to his own principal.

History: Enacted March 21, 1872.

§ 3150. ADDITIONAL TIME FOR NOTICE BY INDORSER.

Every party to a negotiable instrument, receiving notice of its
dishonor, has the like time thereafter to give similar notice
to prior parties as the original holder had after its dishonor,

1556



Tit.XV,ch.I,art.VI.] NOTICE OF DISHONOR. §§3151,3155

Rut this additional time is available only to the particular
party entitled thereto.

History: Enacted Marcli 21, 1872.

§ 3151. EFFECT OF NOTICE OF DISHOXOR. A notice of
the dishonor of a negotiable instrument, if valid in favor of
the party giving it, inures to the benefit of all other parties
thereto whose right to give the like notice has not then been
lost.

History: Enacted March 21, 1872.



ARTICLE VI.

EXCUSE OF PRESENTMENT AND NOTICE.

§ SIS!}. Notice of dishonor, when excused.

§ 3156. Presentment and notice, when excused.

§ 3157. Same. [Full security being received.]

§3158. Delay, when excused.

§3159. Waiver of presentment and notice.

§ 3160. Waiver of protest.

§3165. NOTICE OF DISHOXOK, WHEN EX( ISED. Notice
of dishonor is excused:

1. When the party by whom it should be given cannot, with
reasonable diligence, ascertain either the jilace of residence
or business of the party to be charged; or,

2. When there is no post-office communication between the
town of the party by whom the notice should be given and
the town in which the place of residence or business of the
party to be charged is situated; or,

?,. When the party to be charged is the same person who
dishonors the instrument; or,

4. When the notice is waived l)y the party entitled thereto.

HiMtory: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 13 pars, annotation.
86 C. 449, 457, 25 P. 16. 17. 10 L. 545 (cited).

As to diligence, and excuse of presentment fur iiaynient. see
Kerr's Cyc. C. C. § 3131 and note.
As to notice by mall, see Kerr's Cyc, C. C. } 3144 and note.

1557



§§ 3156-3158 CIVIL CODE. [Div.III,Pt.IV.

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

As to waiving- protest of foreign bill, see Kerr's Cyc. C. C.
§ 3232 and note.

Presentment of bill, and notice of dishonor, when excused.—
See Kerr's Cyc. C. C. § 3220 and note.

Protest of foreign bill, waiver of. — See Kerr's Cyc. C. C. § 3232
and note.

§ 3156. PRESEjVTMENT AND NOTICE, WHEN EXCUSED.

Presentment and notice are excused as to any party to a
negotiable instrument who informs the holder, within ten days
before Its maturity, that it will be dishonored.

History: Enacted March 21, 1872; amended by Code Com-
mission, Act March 16, 1901, Stats, and Amdts. 1900-1, p. 420,
held unconstitutional, see history, § 4 ante.

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

64 C. 459, 460, 2 P. 43, 44 (applied); 101 C. 478, 482, 36 P. 197
(construed).

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

§3157. SAME. [FILL SECURITY BEING RECEIVED.]

If, before or after the maturity of an instrument, an indorser
has received full security for the amount thereof, or the
maker has assigned all his estate to him as such security,
presentment and notice to him are excused.

History: Enacted March 21, 1872.

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

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

As to waiver of demand and notice by taking security, see
4 A. D. 49, 50; 11 A. D. 67; 39 A. D. 95-99.

§ 3158. DELAY, WHEN EXCUSED. Delay in presentment,
or in giving notice of dishonor, is excused when caused by
circumstances which the party delaying could not have
avoided by the exercise of reasonable care and diligence.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 8 pars, annotation.
As to diligence — In presentment of bills, see Kerr's Cyc. C. C.
§ 3213 and note.

1558



TitXV.ch.I.art.VI.] waivkk ok PROTEST. §§3159.3160

Same — In presentinent of notes, see Kerr's Cyc. C. C. { 3131
and note.

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

Presentment of bill — Delay In, and Its effect. — See Kerr's Cyc.
C. C. §§3213, 3214 and notes.

Same — For acceptance, delay in, when excused. — See Kerr's
Cyc. C. C. §§ 3219, 3220 and notes.

* §3159. WAIVER i)V PRESENTMENT AM) NOTICE. A

waiver of presentment waives notice nf dishonor also, unless
the contrary is expressly stipulated; but a waiver of notice
does not waive presentment.

IliNtoryt Enacted March 21, 1S72.

See Kerr's Cyc. C. C. for 7 pars, annotation.

As to many miscellaneous niatti'rs as tn ni-i;i)ti.iiii<- insuu-
ments, see note § 3086, ante.

That waiver of right to demand and notice on part of indoracr
may be proved by parol testimony, see 57 A. D. 665-667.

§31«0. WAIVER OF PROTEST. A waiver of protest on
any negotiable instrument otlier than a foreign bill of ex-
change waives presentment and notice.

IliMiory: Enacted March 21, 1872.

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

Notice of dishonor of foreign bill, how given. — See Kerr's Cyc.
C. C. § 3225 and note.

Notice of protest of foreign lilll. — See Kerr- '"■•• '' '"" ' ' ' ' '■
and note.



1559



§§ 3164, 3165 CIVIL CODE. [Div.III.Pt.IV.

ARTICLE VII.

EXTINCTION OF NEGOTIABLE INSTRUMENTS.

§ 3164. Obligation of party, wlien extinguished.
§ 3165. Revival of obligation [repealed].

§ 3164. OBLIGATION OF PARTY, WHEN EXTINGUISHED/

The obligation of a party to a negotiable instrument is extin-
guished:

1. In like manner with that of parties to contracts in gen-
eral ; or,

2. By payment of the amount due upon the instrument, at
or after its maturity, in good faith and in the ordinary course
of business, to any person having actual possession thereof,
and entitled by its terms to payment.

History: Enacted March 21, 1872.

See Kerr's Cyc. C. C. for 29 pars, annotation.

1 C. A. 659, 665, 82 P. 1075 (applied with other sections).

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

Obligations, extinction of, in general. — See Kerr's Cyc. C. C.
§§ 1473 et seq. and notes.

§3165. REVIVAL OF OBLIGATION (repealed).

HLstory: Enacted March 21, 1872; repealed March 30, 1874,
Code Amdts. 1873-4, p. 264.



1560



Tit.XV.ch.ir.art.r.] BILLS. FORM. ETC. §3171



CHAPTER IT.

BILLS OF EXCHANGE.

Article I. Form and Interpretation, §§3171-3177.

II. Days of Grace, § 3181.

III. Presentment for Acceptance, §§3185-3189.

IV. Acceptance, §§ 3193-3199.

V. Acceptance or Payment for Honor, §§ 3203-3207.

VI. Presentment for Payment, §§ 3211-3214.

VII. Excuse of Presentment and Notice, §§3218-3220.

VIII. Foreign Bills, §§3224-3238.



ARTICLE I.

FORM AND INTERPRETATION OF A HILL.

§ 3171. Bill of exchange, what.

{ 3172. Drawee, In case of need.

{ 3173. Bin In parts of a set.

I 3174. When must be In a set.

i 3175. Presentment, etc., of part of set.

ft 3176. Bill, where payable.

{ 3177. Rl(?lits and oblierations of drawer.

§:{I7L Itll.L OF EX('H.V>'GE, WHAT. A bill of exchanRp
is an instrument, negotiablo in form, by which one. who Ih
called the drawer, requests auother, calbMl ilio diawfc. to n.iv
a specified sum of money.

IIlNtorj-t Enacted March Zl, Hi',.:.

.Sec Korr's Cyc. C C. for 9 pars, annotation.

As to many nil.Tellanoons mutters as to n<>Kotlnb1e Instru-
mi-nts. see noto j) 30S6, ante.

lllLi.s oi' i',\4 II \\(;k.

Acceptance of — As to. g'enorally. see 4 Knr>-
Same — By parol. — See 44 A. D. 2B3.

Same — Tmpllfd and constructive. — Se<» 4 Enry( i, . i .'
."^ame — Promise to accept. — See 4 Kncyc. I>. 233.
Same — Qunllfled and conditional. — See 4 Encyc. L. 22 4.

1561



§ 3171 CIVIL CODE. [Div.III.Pt.IV.

Same — Supra protest or for honor. — See 4 Bncyc. L. 232.

Same — Verbal acceptance and promise to accept as affected by
the statute of frauds. — See 4 Encyc. L. 244.

Same — Written and verbal. — See 4 Encyc. L. 213.

Acceptor, defenses available to. — See 1 A. S. 135.

As a bank check. — See 23 L. 173; 19 L. ed. 1008; 21 L. ed. 947;
35 L. ed. 481; 1 W. & P. 786.

As an equitable assignment. — See 42 A. S. 921; 25 L. 523; 31 L.
ed. 42-4-; 1 W. & P. 787; 3 W. & P. 2435.

As order for payment of goods. — See 42 A. R. 799; 1 W. & P.
787.

As payable out of general fund. — See 1 W. & P. 787.

Bill and bank check distinguished. — See 2 Obiter Dig. 317.

Bills drawn in sets. — See 2 Obiter Dig. 317.

Bona fide holder of — Extent of right and protection of. — See
6 L. 502; 16 L. 45; 35 L. 161; 35 L. 464-470; 36 L. 434; 54 L. 451;
61 L. 206; 10 L. N. S. 482; 13 L. N. S. 426.

Same— Who is.— See 9 A. D. 272; 44 A. D. 698; 35 A. R. 688; 10
L. 677; 12 L. 41; 61 L. 202; 5 L. N. S. 628; 17 L. N. S. 747.

Capacity and autliority of parties. — See 4 Encyc. L. 162.

Consideration for.- — See 4 Encyc. L. 186.

Same — Imported. — See 1 W. & P. 787.

Definition of. — See 14 A. D. 419; 80 A. D. 83; 21 A. R. 209; 39
A. R. 308; 46 A. S. 613; 57 A. S. 245, 266; 27 L. 222; 12 L. ed. 993;
2 Obiter Dig. 317; 1 W. & P. 317.

Detention of by drawee as acceptance thereof. — See 17 L. N. S.
1266.

Execution and delivery — As to generally, see 3 A. C. 559; 4
A. C. 639.

Same — Parol evidence in conditional delivery. — See 3 A. C.
560.

Foreign and inland bills. — See 2 Obiter Dig. 317.

Formal essentials of.— See 4 Encyc. L. 81.

Implied warranty of genuineness upon sale of. — See 36 L. 92.

Liability of person signing as officer of corporation. — See 6 A.
C. 1000.

Lost or destroyed, right of action at law upon. — See 16 L. 205.

Necessity of notice of dishonor of. — See 6 A. C. 280.

Object and elfect of marginal figures on. — See 1 A. C. 611.

Orderly parts and special clauses of. — ^See 4 Encyc. L. 128.

Partial failure of consideration as a defense. — See 2 A. C. 430.

Power of president and secretary of corporation to execute. —
See 2 A. C. 520.

Presentment and demanded place named as condition prece-
dent to suit against maker. — See 7 A. C. 693; 13 L. N. S. 303.

Presumption — And burden of proof in action by purchaser.- — •
See 17 L. 326.

Same — As to place of indorsement of. — See 5 A. C. 160.

1562



I



Tit.XV.ch.Tr.art.I] DRAWER— BTT.T. IN PARTS. §§3172.3173

Release of drawor or indorser by rertiflmtlon of check. — Sco
9 L. N. S. 698.

Retention of, or refusal to return, as acceptance thereof. — Seo
8 A. C. 612.

Rigrht of action of nominal holder. — See 1 A- C. 833.

Rights of holder of, transferred after niaturity.-
753-812.

Subject to legal construction. — See 2 Obiter Dig. 31.S.

Synonymous with draft. — See 3 W. & P. 2195.

Time and notice of dishonor — Waiver of by taking security. —
See 39 A. D. 95.

Same — What excuses. — See 1 A. C. 99.

Title acquired by payee of, fraudulently procured from m.iker.
as subject to other defenses, by purchase after transfer to
innocent third person. — See 8 A. C. 626.

Validity — And effect of executed or indorsed lunatic. — See 4
A. C. 539.

Same — Of in hand.s of bona fide holder where void by statute
between original parties. — See 4 A. C. 353.

Same — Of oral guaranty by transferer of. — See 2 A. C. TtOti.

Written instrument imported. — See 82 A. S. 546; 1 W. & I".
787.

§:n7 - >. l)ia»l-t;, J.\ ( VSt of need, a l)ill of excUanp*
may sive the name of any person in addition to tlie drawee,
to be resorted to in case of need.

IliMtory! Knacleil March 21. 1872.

.•\s to many mlscellane<iu.s malter.s as (o bills i>f ••\cb:ini,''
note $ 3121, ante.

Ah to many miscellaneous matter.-^ as to negotiable instru-
ments, see note § 3080, ante.

Acceptance or paynn-nt fur honor. — Se<'
H .12(13-3207 and notes.

Time of presentment to druwee in case of n<'<»d.— S*e Korr'S
Cyc. C. r. 5 :?l.s.S an.l umI. .

§317». Jill, I, 1> TAIMS OF \ Si;r. A bill of e.TchBnKO
may be drawn in any number of parts, each part stating the
existence of tlio others, and all forming one set.

illntorM Knncted March 21, 1S72.

As to many miscellaneous mnttfTs ns to billn «>f oxchnngv, •ec
note i 3121, ante.

.\s to many mlscellnneoiis mnttors nn to nogotlnhle instru-
ments, see note { 30S6, ante.

1663



§§3174-3176 CIVIL CODE. [Div.III,Pt.IV.

Damages allowed on dishonor of foreign bill. — See Kerr's Cyc.
C. C. § 3234 and note.

§3174. WHEN MUST BE IN A SET. An agreement to
draw a bill of exchange binds the drawer to execute it in
three parts, if the other party to the agreement desires it.

Hi-story: Enacted March 21, 1872.

§3175. PRESENTMENT, ETC., OF PART OF SET. Pre-
sentment, acceptance, or payment, of a single part in a set
of a bill of exchange, is sufficient for the whole.

History: Enacted March 21, 1872.

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

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

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

Presentment — How made. — See Kerr's Cyc. C. C. §§ 31S6, 3187
and notes.

§3176. BILL, WHERE PAYABLE. A bill of exchange is
payable:

1. At the place where, by its terms, it is made payable.

2. If it specifies no place of payment, then at the place to
which it is addressed.

3. If it is not addressed to any place, then at the pld,ce of
residence or business of the drawee, or wherever he may
be found. If the drawee 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,
and the bill may be protested for non-payment.

History: Enacted March 21, 1872; amended March 30, 1874,
Code Amdts. 1873-4, p. 264; amended by Code Commission, Act
March 16, 1901, Stats, and Amdts. 1900-1, p. 420, held unconsti-
tutional, see history, § 4 ante; amendment re-enacted March 21,
1905, Stats, and Amdts. 1905, p. 620.

As to many miscellaneous matters as to bills of exchange, see
note § 3121, ante.

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

1564



I



Tit.XV,ch.II,art.II.] DAYS OF GRACE.



3177,3181



Instrument in terms payable at specified place. — See Kerr's



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