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when Ex Cused Presentment

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PRESENTMENT, WHEN EX CUSED. Presentment for acceptance is excused and the bill should be protested as dishonored by non-acceptance: (t) When the drawee is discovered to be a fictitious person, or is incapable of making a valid contract from legal disabilities, or is the drawer, as a partner in the firm which is drawee, or officer of a private corporation which is drawee. (Tiedeman, Corn. Pap., Sec. 218.) (2) Where, after reasonable diligence to acertain the drawee, the presentment cannot be effected. (Byles, 12th ed , p. 183; Chitty, p. 199.) (3) When the drawee is not in funds, and the drawer has no reasonable expectation that the bill will be accepted. (Robin son v. Ames, 20 Johns., 146.) (4) Where the bill con tains a clause waiving acceptance, but not because the drawer has countermanded the bill. (Daniel, Sec 45a)

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