TIME WITHIN WHICH CHECK MUST BE PRESENTED FOR PAYMENT. A check is deemed to be pre sented within a reasonable time and with sufficient promptness to charge prior parties when presented according to the following: i. Where the payee and the bank on which the check is drawn are in the same place, the check must, unless excused by special circumstances, be presented on the next day after it is received.
2. When the person who receives the check and the bank on whom it is drawn are in different places, the check must, in the absence of special circumstances, be forwarded for presentment on the day after it is received, and the agent to whom it is forwarded must, in like manner, present or forward it on the day after he receives it. Non-business days are excluded in computing time under the above rules The above rules are subject to the preceding sec tion as to the necessity of actual damage suffered by the drawer before he will be discharged by an unreasonable delay in presentment.
The excuses for delay in presenting a check for payment or giving notice of dishonor are the same as those discussed heretofore under Chapter VI. One of the most common excuses being that the check has been drawn against a bank not having funds of drawer, and in such case it is unnecessary to give notice of dishonor to the drawer. (Fletcher v Pierson, 69 Ind., 281; Kinyon v. Stanton, 44 Wis., 569.) And the same is true if payment has been countermanded. (Woodin v. Frayzer, 38 N. Y., S. C., 19o.)