North Dakota § 41-03-61 (3-504) Excused presentment and notice of dishonor

North Dakota Statutes

§ 41-03-61 — (3-504) Excused presentment and notice of dishonor

North Dakota § 41-03-61

Title 41Uniform Commercial Code

Ch. 41-03Negotiable Instruments

This text of North Dakota § 41-03-61 ((3-504) Excused presentment and notice of dishonor) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 41-03-61 (2026).

Text

1.Presentment for payment or acceptance of an instrument is excused if the person entitled to present the instrument cannot with reasonable diligence make presentment; the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings; by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer; the drawer or endorser whose obligation is being enforced has waived presentment or otherwise has no reason to expect or right to require that the instrument be paid or accepted; or the drawer instructed the drawee not to pay or accept the draft or the drawee was not obligated to the drawer to pay the draft.

2.Notice of dishonor is excused if by the terms of the instrument notice of dishonor is not

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1. Presentment for payment or acceptance of an instrument is excused if the person
entitled to present the instrument cannot with reasonable diligence make presentment;
the maker or acceptor has repudiated an obligation to pay the instrument or is dead or
in insolvency proceedings; by the terms of the instrument presentment is not
necessary to enforce the obligation of endorsers or the drawer; the drawer or endorser
whose obligation is being enforced has waived presentment or otherwise has no
reason to expect or right to require that the instrument be paid or accepted; or the

drawer instructed the drawee not to pay or accept the draft or the drawee was not
obligated to the drawer to pay the draft.
2. Notice of dishonor is excused if by the terms of the instrument notice of dishonor is not
necessary to enforce the obligation of a party to pay the instrument or if the party
whose obligation is being enforced waived notice of dishonor. A waiver of presentment
is also a waiver of notice of dishonor.
3. Delay in giving notice of dishonor is excused if the delay was caused by circumstances
beyond the control of the person giving the notice and the person giving the notice
exercised reasonable diligence after the cause of the delay ceased to operate.