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negotiable-instruments:section-75

Presentment by or to agent, representative of deceased, or assignee of insolvent

Section 75 of the Negotiable Instruments Act,1881.

Presentment for acceptance or payment may be made to the duly authorized agent of the drawee, maker or acceptor, as the case may be, or, where the drawee, maker or acceptor has died, to his legal representative, or, where he has been declared an insolvent, to his assignee.

Presentment as has been stated in previous note, is to be made to the drawee, maker or acceptor. Similarly, presentment, where necessary, may be made to their duly authorised agent. Presentment to a banker's clerk at a clearing house is a good and valid presentment. When a hundi was presented for payment to the authorised agent of the acceptor at the bank on the due date, according to local usage, the presentment was held to be good.

In a place of business an officer of the acceptor, maker, or drawee who usually attends to the business and deals with payment and realisation will be presumed to be the duly authorised agent of such persons as contemplated under this section. Where during the absence of a person abroad, a bill is presented to his wife, or to an agent at the place of business the presentment is good.

When anyone of such persons, the drawee, maker or acceptor dies, his legal representatives step into his shoes and, therefore, the necessary presentment must be made to such legal representatives. If such legal representatives be not found after reasonable search the presentment must be made at the dwelling house of the deceased. In case of insolvency of such parties presentment is not excused but is to be made to the assignee. Neither the death nor the insolvency of the maker, the acceptor or the drawee will excuse non-presentation.

Created on 2021/02/20 19:45 by LawPage • Last modified on 2021/02/20 19:45 by LawPage