Question 217. - A customer deposits with the bank a note for collection, on which there is a good endorser. The note is payable at a distant point, and when deposited for collection has still two months to run. The bank forwards it at once to its agents for collection, but on enquiry ten days after maturity of the note they find that their letter has never been received. The makers of the note are worthless. Was not the endorser discharged for want of notice, and would not the bank be responsible for neglect in not looking for an acknowledgment of the letter?

Answer. - Section 91 of the Bills of Exchange Act excuses delay in presentation when "caused by circumstances beyond the control of the holder, and not imputable to his default, misconduct or negligence." We think that the bank's neglect to see that the letter was acknowledged was not negligence within this section, and that the delay was beyond its control. There appear to be no English cases covering the point, but there are some American cases in which it was held that delay in the post office when a bill is mailed in good time, is a valid excuse for delay in presentation.