The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-06-10
--lss PAYMENT Of Checks,

,p'oUtso journal Of COmneFco)
a check payable to bearer is upon IL
t.c =, i q payable to whoever may pre-
s IsSS M same, however he may come
byh. ,,,,on which the check Il
drawn a Is not legally bound to take notice
IN its action regarding the payment, OIL
.rv - memorandum on It's back or even
mon ils face, which does not purport IN
anne way 10 come from the drawer, and
IN form a part of his instructions. dc
owns Inc deposit in the bank II no orders
tbs money 10 be transferred TO the bearer
ofthe document without reservation or
condition, no other person not clothed
Win proper legal authority can connect
Win Ibis order any binding condition.
2 If The check, when presented TO the
hsnk his written upon a notice appar.
emily rom some bona fde holder, request
inc 1ayment to be confined to the order
If a particular person, the bank regards
,bIs and declines immediate payment at
its own peril; but such memorandum not
met by the Endorsement which it requires,
creates c,r such aground OIL suspicion against
The bearer, that no damages could be re-
covered S Of the institution for reserving
nsynent until the property OF the claim
nj in Il was fully established. .
4 The holder Of o check that is paya-
ME- IN bearer, who has paid value for 1t,
cSn legally enforce his claim tor payment
without reference to the want Of an in
5onemeDt that is required by a memo.
npdum made upon it by q third party
with whom he has had no connection in
tbe business, but the teller oil bank may,
Notwithstanding this, very properly re.
Iuse. and in most cases ought to refuse, 10
make such a payment on demand where
ibis memorandum is brought TO his atten-
lion; and may insist upon investigation
without liability to special damages.
There Is really no conflict In these par.
tIculars. They are like the law and prac.
lice in relation to arrests. Legally stated,
no man can be arrested without due pro.
cess Of law; and yet every police officer
not only, but every man is bound by good
citizenship not to allow seeming often.
der to escape for lack of warrant; and
very suspicious circumstances will fully
Justify such detention.
In the same way the teller Of bank
may pay a check drawn 10 bearer without
reference to the Endorsement; and can be
compelled in law to pay it to a bona tide
holder without its bearing given sigma
ture which such a memorandum on 1t
may require before payment, provided
the said holder received it as not subject
to this condition; at the same time, II he
sees the memorandum he may, and in
ordinary circumstances ought 10, refuse
TO pay until he is satisfied that the bearer
is the proper owner; and Tor such a re.
iusal, although at his own risk, no dam.
ages could ever be collected.
We know that il may be argued that no
bank teller ought 10 assume any such risk,
Tor the protection OF whoever It may con.
Cernlbut it Is done every day in all pro-
LESSONS, and in thousand different ways,
without question; and no bearer Of check
thus stopped could reasonably find any
fault, inasmuch as the teller has done
what he himself would desire to have
done in his own case il he stood in q
different relation to the same transaction.