A Practical Treatise on the Law of Bills of Exchange, Checks on Bankers, Promissory Notes, Bankers' Cash Notes, and Bank-Notes
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from ... Show synopsis This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1807 Excerpt: ... obliged to pay according to the rate of it on the day when the bill became due.1 i Stra. 1246. 1 10 Mod. 38.-Smith % j Ante 102. De la Fontaine, Bayl. 78, n, k Dingwall v. Dunster, b. 108, n.a.--Prac. Reg. 358. Doug. 235, 247.--Esp.N.P. m l Stra. 222, arg.--1 46.--Anderson v. Cleeland, Saund.33.--Poth.pl. 140.--G. H./ioet. Pas. 1769. Esp. Mar. 98. N. P. 46. n Poth. pi. 174. If PART I. CHAP. VI. 2dly, By, and to whom, presentment for payment must be made. If the acceptor undertakes by his acceptance to pay within a certain period after demand, he may insist on the want of presentment; and where he appoints the payment to be made by another person, as at his banker's, he, as well as every indorser, is prima facie entitled to insist on the want of a proper presentment to such person;P but such prima facie evidence may be rebutted by proof of the want of effects in the hands of such banker.! Presentment for payment, where necessary, must be made by the holder of the instrument, or his agent, being competent to give a legal acquittal on receipt of the money, ' to the person in general on whom it is drawn;8 and a person in possession of a bill payable to his own order, is a holder for this purpose, though it was once thought he had only an authority to indorse.1 It is not necessary that the demand should be personal, it being sufficient if it is made at the house of the acceptor;u and it is the same thing in effect, if it be made at the place appointed by him for payment/ or of his agent who has been used to pay money for him.w Therefore, where a bill is either made or accepted payable at a particular place, or by a particular person not party to the instrument, the presentment for and demand of payment should be made at such place, or on yj such person;x and in ..