In connection with the subject of presentment for acceptance it is necessary to consider by whom and to whom presentment should be made; the place of presentment; and the manner of presentment; the time of presentment; and when presentment would be necessary. It may be said, then, that presentment should be made by the holder in person or by his duly authorized agent. The presentment should be made to the drawee or his duly authorized agent. A bill drawn against a partnership firm may be presented to any one of the partners, but a bill drawn against several persons not doing business as partners should be presented to them all, but if the first person to whom it is presented refuses to accept, this would render the acceptance by the other of no avail; so it would seem that the dishonor by the first presentment and demand would give the holder the right to treat it as a dishonor.1 Where the presentment and demand are made to the agent of the drawee care should be exercised by the drawer in determining whether the agent's authority extends to the acceptance or non-acceptance of the paper.

* Chapter VII (Estates) is written by Shelley B. Neltnor.

As to place of presentment for acceptance; it may be made either at the drawee's place of business, if he has a place of business, or at his domicile. As to the manner of presentment, it may be said the holder on making presentment should have the bill in his possession and should exhibit it and should demand the acceptance of the same.2 This is only fair to the drawee, as he may then determine whether under the circumstances of the matter he will choose to elect to accept or not to accept the paper as drawn. If, however, the drawee does not ask to see the bill, a failure to exhibit it would not on that account discharge the drawer and indorsers on the bill having been protested for dishonor.3

When a bill is made payable at a stated number of days after sight, or at sight, it should be presented within a reasonable time or without unreasonable delay. A bill of exchange payable on demand does not require presentment for acceptance.4 Presentment for acceptance should be made when presented at the place of business of the drawee during business hours. Presentment at a bank should be during banking hours. If presentment is made at the house, then a presentment made any time before bed time, the hour of retiring, is good.5

1 Story on Bills and Notes, Sec. 229.

2 Fall River Union Bank vs. Willard, 5 Metc, 216. 3 Fisher vs. Beckwith, 19 Vt., 31.

The hour of presentment is only material where no answer is received. If an answer is actually received at any hour, the presentment will then be good.6

Bills payable on demand, or those instruments which are made payable a number of days after date, or bills payable on a day certain, need not be presented for acceptance; a presentment for payment alone is required.7

It is, however, the better practice to present a bill for acceptance even though it is payable at a future day certain, as in this way it can be easily ascertained whether it will be honored, and also to secure the acceptor's liability.8