4. Tbe excuses for not making a present ment are general, and applicable to all persons who are indorsers; or they are special, and applicable to the particular indorser only.
Among the former are—inevitable accident or overwhelming calatuity. Story, Bills, 308 ; 3 Wend. N. Y. 488; . 2 Ind. 224. The prevalence of a malignant disease, by which the ordinary operations of business are sus pended. 2 Johns. Cas. N. Y. 1; 3 Maule S. 267. The breaking out of war between the country of the maker and that of the holder. 1 Paine, C. C. 156. Th,e occupation of the country where the note is payable, or where the parties live, by a public enemy, which suspends commercial operations and intercourse. 8 Cranch, 155; 15 Johns. N. Y. 57 ; 16 id. 438; 7 Pet. 586; 2 Brock. C. C. 20. The obstruction of the ordinary negotia tions of trade by the vis major. Positive in terdictions and public regulations of the state which suspend commerce and intercourse. The utter impracticability of finding the maker or ascertaining his place of residence. Story, Prom. Notes, 44 205, 236, 238, 241, 264; 4 Serg. & R. Penn. 480; 6 La. 727; 14 La. Ann. 484; 3 M'Cord, So. C. 494 ; 1 Dev. No. C. 247 ; 2 Caines, N. Y. 121.
5. Among the latter, or special excuses for not making a presentnient, may be enume rated the following. T he receiving the note by the h,older from the payee, or other antecedent party, too late to make a due presentment: this will be an excuse as to such party. 16 East, 248; 7 Mass. 483; Story, Prom. Notes,
44 201, 265 ; 2 Wheat. 373 ; 11 id. 431. The note being an accommodation note of the makei for the benefit of the indorser. Story, Bills, 4 370. See 2 Brock. C. C. 20 ; 7 Harr. & J Md. 381; 1 Harr. & G. Md. 468 ; 7 Mass. 452; 1 Wash. C. C. 461 ; 2 id. 514; 1 Hayw. No. C. 271; 4 Mas. C. C. 113; 1 Caines, N. Y. 157; 1 Stew. Ala. 175; 5 Pick. Mass. 885 21 id. 327. A special agreement by which the indorser waives the presentment. 8 Me. 213; 6 Wheat. 572 ; 11 id. 629 ; Story, Bills, 44 371, 373. The receiving security or money by an indorser to secure himself from loss, or to pay the note at maturity. In this case, when the indemnity or money is a full security for the amount of the note or bill, 114.
— presentment is requisite. Story, Bills, 374; Story, Prom. Notes, 281 ; 4 'Watts, Penn. 328 ; 9 Gill & J. Md. 47 ; 7 Wend. N. Y. 165 ; 2 Me. 207 ; 5 Mass. 170; 5 Conn. 175. The receiv ing the note by the holder from the indorser as a collateral security fir another debt. Story, Prom. Notes, 284; Story, Bills, 372; 2 How. 427, 457.
A want of presentment may be waived by the party to be affected, after a full knowledge of the fact. 8 Serg. & R. Penn. 438. See 6 Wend. N. Y. 658; 3 Bibb, Ky. 102 ; 5 Johns. N. Y. 385; 4 Mass. 347 • 7 id. 452; 8 Cush. Mass. 157 ; Wash. C. d. 506; Bacon, Abr. Merchant, etc. (M). See, generally, 1 Hare & W. Sel. Dec. 214, 224; Story, Prom. Notes ; Byles, Bills ; Parsons, Bills.