Presentment to partners, joint debtors, where debtor is dead
Category: Law on Negotiable Instruments
Presentment to partners, joint debtors, where debtor is dead
Sec. 76. Presentment where principal debtor is dead. - Where the person primarily liable on the instrument is dead and no place of payment is specified, presentment for payment must be made to his personal representative, if such there be, and if, with the exercise of reasonable diligence, he can be found.
Sec. 77. Presentment to persons liable as partners. - Where the persons primarily liable on the instrument are liable as partners and no place of payment is specified, presentment for payment
may be made to any one of them, even though there has been a dissolution of the firm.
Sec. 78. Presentment to joint debtors. - Where there are several persons, not partners, primarily liable on the instrument and no place of payment is specified, presentment must be made to them
all.
SECTIONS 76 TO 78 NOT APPLICABLE WHERE PLACE SPECIFIED
• Applies only where there is no place specifiedWHERE PERSON PRIMARILY LIABLE DEAD
• Presentment must be made to the executor or administrator if there is one and if he can be found• The holder must use diligence to find the personal representative if there be one
• The person primarily liable is dead, there is a personal representative, and no place of payment indicated in the instrument—if there is a place indicated, then presentment should be done there
WHERE PERSONS PRIMARILY LIABLE ARE PARTNERS THE PRESENMENT MUST BE MADE TO ANY ONE OF THEM
WHERE PERSONS PRIMARILY LIABLE ARE JOINT DEBTORS, PRESENTMENT MUST BE MADE TO ALL OF THEM
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
Presentment to partners, joint debtors, where debtor is dead
Category: Law on Negotiable Instruments
Presentment to partners, joint debtors, where debtor is dead
Sec. 76. Presentment where principal debtor is dead. - Where the person primarily liable on the instrument is dead and no place of payment is specified, presentment for payment must be made to his personal representative, if such there be, and if, with the exercise of reasonable diligence, he can be found.
Sec. 77. Presentment to persons liable as partners. - Where the persons primarily liable on the instrument are liable as partners and no place of payment is specified, presentment for payment
may be made to any one of them, even though there has been a dissolution of the firm.
Sec. 78. Presentment to joint debtors. - Where there are several persons, not partners, primarily liable on the instrument and no place of payment is specified, presentment must be made to them
all.
SECTIONS 76 TO 78 NOT APPLICABLE WHERE PLACE SPECIFIED
• Applies only where there is no place specifiedWHERE PERSON PRIMARILY LIABLE DEAD
• Presentment must be made to the executor or administrator if there is one and if he can be found• The holder must use diligence to find the personal representative if there be one
• The person primarily liable is dead, there is a personal representative, and no place of payment indicated in the instrument—if there is a place indicated, then presentment should be done there
WHERE PERSONS PRIMARILY LIABLE ARE PARTNERS THE PRESENMENT MUST BE MADE TO ANY ONE OF THEM
WHERE PERSONS PRIMARILY LIABLE ARE JOINT DEBTORS, PRESENTMENT MUST BE MADE TO ALL OF THEM
Related Philippine Law Resources:
Newer Philippine Law Resources:
Additional Law Reading:
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