Is there a defence against want of presentment where there is no evidence that the notes sued on had been presented for payment where made payable?
Saskatchewan, Canada
The following excerpt is from Anderson v. Hiestead, 1916 CanLII 135 (SK QB):
No evidence was adduced that the notes sued on had been presented for payment where made payable, but, on the other hand, there was no evidence that the defendant had funds there to meet the notes. Want of presentment where payable is not a defence where maker is sued, and plaintiff will not be deprived of his costs unless funds were placed there to meet the notes. Bank of Commerce v. Bellamy, 1915 CanLII 174 (SK CA), 9 W.W.R. 587.
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