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Delay in
making presentment for payment is excused when the delay is
caused by circumstances beyond the control of the holder, and not
imputable to his default, misconduct, or negligence. When the cause
of delay ceases to operate, presentment must be made with
reasonable diligence.
When delay in making presentment excused.
Is should be noted that under this section only the delay in making of
presentment is excused and not the making of the presentment itself. Under
Sections 79 and 80, like in Section 82, presentment for payment itself is
excused.
"Circumstances beyond the control" of the holder are "events which could
not be foreseen, or which, though foreseen are inevitable" (Art. 1174, Civil
Code; see Sec. 147.), such as extreme weather conditions. As soon as the
cause which operated to prevent the making of presentment is removed,
presentment must be made with reasonable diligence.
(3) Where there is waiver. The waiver may be before or after maturity
(Thompson v. Curry, 91 S.E. 801.), and it may be express or implied.