Lanier v. Waddell

The plaintiff, having failed to allege presentment, *715dishonor and notice in his original petition, sought by amendment to show waiver of these elements by the defendant. Where one sues the drawer of a bill of exchange and fails to allege presentment, refusal to pay, dishonor and notice, an amendment setting forth these facts is allowable. Jones v. Warren, 60 Ga. 360. The same rule applies where one suing the drawer of a check, on such check fails to allege waiver of presentment, dishonor and notice, and seeks to establish such facts by amendment. “Presentment for payment is dispensed with: . .…