Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1884-11-07
Bank Checks.

DOuSC Skty JOuT0al.
Bank Cheeks.
Some months ago the Prairie Farmer
gave condensation of Judge Parrish's
lecture before the West Michigan Far
mer's Club on the law of temperance:
Az late meeting of the club the Judge
talked about the bank check. Hechose
this subject because farmers frequently
receive checks on the sale of their pro.
ducts, and are sometimes losers thereby
by reason of not KIN owingshow to use
them.
Some years ago a friendsof hiS sold
his farm for 81 600, one-half in cash and
the balance on time. For the time paw
merit be took mortgage on the farm,
payable in one, two and three years.
and for the cash payment he took a
check ON private banking institution.
Not needing the money for immediate
use, and deeming everythingiperfectly
sate, or not knowing his duty In respect
TO the check, he put it in his pocket ana
kepti two weeks before he Thought OF
presenting it to the bankers, although
ne resided in their immediate neighbor.
pood. Meanwhile the bankers hail
tailed, and the drawer of the check had
died insolvent. The consequence was
his friend lost the amount of the check
besides some money in litigation. This
loss arose simply from the farmer 3 neg
lect 10 present the check in due time.
True, he might have lost the money. if
ne had obtained it upon the check. I'm
other ways, but in this instance the loss
was purely from his neglect in not on.
serving the law applicable to the pres
entation of the bank check. The far
mer not only lost, but it was also a loss
to the estate of the drawer of the
check. II a man receives check upon
bank in payment for produce, or q
farm, or any other obligation, it 10 his
duty to present it for payment within q
reasonable time. II he does not, and
the drawer of the check suffers loss,
there is no remedy.
The question, what is q reasonable
time in which check should be pre-
sented for payment, depends upon cir
cumstances. It has been held that
when all the parties are residents of the
same townor city, delay Of eight days
is sufficient to discharge the drawer of
the check from all liability, at least to
the extent Of his loss thereby. And In
such case, u demand made before the
close Of business hours Of the day sue
ceeding that on which payment might
have been arst legally demanded has
been uniformly considered q demand.
made within reasonable time. II pays
ment is refused, notice should be imme-
diately given TO the drawer Of the
check.
When the payment Of q check upon o
bank is refused, the recourse Of the
holder is against the drawer and not
against the hank, even though the bank
at the time the check was presented for
payment, was perfectly solvent andjheld
funds Of the drawer sufficient to meet
the check, 30 that q check is nothing
more than the personal obligation Of
the drawer. as of prornissory note on
bill of exchange. The drawer is treat
in the same sort as the principal debtor.
and charged by any: neglect Of the
holder in making due presentrAent of
the check, or in giving notice OF the
dishOnor, unless he suffered some loss
or injury thereby, and then only for 90
much.
II the drawer OF the check has no
funds I'm the bank TO meet IL, IL 10 o
fratd, and the holder can sustain an
action upon it against the drawer with
presentation or notice.
The check may be revoked by the
drawer at sny time before Il is paid or
accepted by the banker. He may draw
out all he has on deposit. His death 10
a revocation. No banker would ven<
ture to pay a check after notice of death
of the drawer. If he did, he might be
called upon by the administrator to pay
it again. So, If the drawer should be-
fore presentation become bankrupt.
In case in Michigan, where one on
the point of death drew his check upon
the bank in which he had money, beina
all the money he had, with directions 70
the payee to draw the money, defray
the funeral expenses out of IL, and 10
pay the balance to his heirs, and the
check was not paid or accepted By the
bank before the death Of the drawer, it
was held tirat the check did not one.
rate as an assignment Of the fund, and
that the bank was not liable upon it %
the payee, that the checks, with the
whole arrangement, was revoked BY ths
death Of the drawer, and the arrauee.
ment upon which the check wa xiveu,
could net have paid the check without
the risk Of being again called upo1s ~
an ad1ninistratof of the estate. Wtt&,
out acceptance by the bank, on sOme
! specisl undertaking on its purt, -
bank cannot be held .Iiabfe upon :
check. There il no privfty Of contract
, between the holder aud the bank, a1Id
, if the money 10 not paid upen the pres
: eutati0n OF the check, the bank is only
accountable TO the drawer. We are no
! presumed to take an accepted check
| relying upon the credit Of the hank
bllt upOg2 that nf fhe MARTY u,t., <3xa -