The excuses for not making a present ment are general, and applicable to all per sons who are indorsers; or they are special, and applicable to the particular indorser only.
Among the former are—inevitable acci dent or overwhelming calamity; Story, Bills § 308; Schofield v. Bayard, 3 Wend. (N. Y.) 488; Reddington v. Julian, 2 Ind. 224. The prevalence of a malignant disease, by which the ordinary operations business are sus pended; Tunno v. Lague, 2 Johns. Cas. (N. Y.) 1, 1 Am. Dec. 141; 3 Maule & S. 267. The breaking out of war between the coun try of the maker and that of the holder ; U. S. v. Barker, 1 Paine 156, Fed. Cas. No. 14, 517. The occupation of the country where the note is payable, or where the parties live, by a public enemy, which suspends com mercial operations and intercourse; Gris wold v. Waddington, 15 Johns. (N. Y.) 57; Scholefield v. Eichelberger, 7 Pet. (U. S.) 586, 8 L. Ed. 793. The obstruction of the ordinary negotiations of trade by via major. Positive interdictions and public regulations of the state which suspend commerce and in tercourse. The utter impracticability of finding the maker or ascertaining his place of residence; Story, Pr. Notes §§ 205, 236, 238, '241, 264; Moore v. Coffield, 12 N. C. 247; Stewart v. Eden, 2 Cai. (N. Y.) 121, 2 Am. Dec. 222.
Among the latter, or special excuses for not making a presentment, may be enu merated the following. The receiving the note by the holder 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; Freeman v. Boyn ton, 7 Mass. 483; Story, Pr. Notes §§ 201, 265; Mills v. Bank, 11 Wheat. (U. S.) 431, 6 L. Ed. 512; Byles, Bills 206. The note be ing an accommodation note of the maker for the benefit of the indorser; Story, Bills § 370. A special agreement by which the in dorser waives the presentment; Fuller v. McDonald, 8 Greenl. (Me.) 213, 23 Am. Dec. 499; Story, Bills § 371. The receiving se curity or money by an endorser to secure himself from loss, or to pay the note at maturity. In this case, when the indem nity or money is a full security for the amount of the note or bill, no presentment is requisite; Story, Bills § 374; Story, Pr. Notes § 281; Mechanic's Bk. v. Griswold, 7
Wend. (N. Y.) 165; Bond v. Farnham, 5 Mass. 170, 4 Am. Dec. 47; Prentiss v. Dan ielson, 5 Conn. 175, 13 Am. Dec. 52. The receiving the note by the holder from the in dorser as a collateral security for another debt; Story, Pr. Notes § 284.; Story, Bills § 372 ; Rhett v. Poe, 2 How. (U. S.) 457, 11 L. Ed. 338.
Where a negotiable note is by its terms payable at a particular bank, proof of pre sentment at that bank for payment, at its maturity, is indispensable to a recovery in an action thereon against an endorser ; 'Pea body Ins. Co. v. Wilson, 29 W. Va. 528, 2 S. E. 888.
A want of presentment may be waived by the party to be affected, after full knowl edge of the fact ; Richter v. Selin, 8 S. & R. (Pa.) 438.
Under the Uniform Negotiable Instru ment Act presentment for payment is not necessary in order to charge the person primarily liable, but if the instrument be payable at a special place and he is able and willing to pay it there at maturity, that is equivalent to a tender.
To charge the drawer and endorsers, pre sentment of an instrument not payable on demand must be made on the day it falls due ; if payable on demand must be made within a reasonable time after its issue, or, if a bill of exchange, after the last negotia tion. Presentment must be made at a rea sonable hour on a business day ; if the per son is absent or inaccessible, then to any Person found at the place where the present ment is made. It is made at the proper place, if at the place specified in the instru ment or if none he specified, then at the address given in the instrument, if any, of the person who is to make payment; if neither is specified, then at the usual place of business or residence; in any other case, if presented to the person wherever found, or at his last known place of business or residence.
If the persons primarily liable are liable as partners, and no place of business is specified, presentment may be made to any one of them, even after dissolution; but if they are not partners, then Presentment must be made to them all. Presentment is not required in order to charge an endorser if the instrument was for his accommoda tion, and he has no reason to expect it will be paid on presentment.