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84-3-504. Excused presentment and notice of dishonor. (a) Presentment for payment or acceptance of an instrument is excused if (1) the person entitled to present the instrument cannot with reasonable diligence make presentment, (2) the maker or acceptor has repudiated an obligation to pay the instrument or is dead or in insolvency proceedings, (3) by the terms of the instrument presentment is not necessary to enforce the obligation of endorsers or the drawer, (4) 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 (5) 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.

(b) Notice of dishonor is excused if (1) by the terms of the instrument notice of dishonor is not necessary to enforce the obligation of a party to pay the instrument, or (2) the party whose obligation is being enforced waived notice of dishonor. A waiver of presentment is also a waiver of notice of dishonor.

(c) 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.

History: L. 1991, ch. 296, § 61; February 1, 1992.

KANSAS COMMENT, 1996

This section is identical to the 1995 Official Text except the lower case roman numerals have been replaced by arabic numbers. This section is derived from the former 84-3-511. Historical case and statutory references can be obtained from the 1965 and 1983 bound volume 7 of the Kansas Statutes Annotated.

A finding that presentment and notice of dishonor are excused will permit enforcing indorsers' obligations which would otherwise be discharged by lack of timely notice.

Revisor's Note:

Former section 84-3-504 was repealed by L. 1991, ch. 296, § 111 and the number reassigned to the current text.


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