Hinkley v. Fourth National Bank

The appellee instituted separate actions upon two bills of exchange, drawn upon and accepted by the appellant. The cases were afterward consolidated and tried together.

It is urged that the complaint is defective, because it does not aver that the bills were presented for payment. There is no force in this objection. It was not necessary to show a presentment for payment in order to hold the acceptor..

The acceptor is the party primarily liable, and presentment for payment is not necessary to fix an already existing, absolute primary liability. 1 Daniels Neg. Instr., pp. 426,455 ; The Eaton,…