The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1884-11-06
Bank Checks.

At a late meeting of the West Mich
igan Farmers Club, Judge Parrish
talked about the Bank Check. He
chose this subject because farmers fire.
uuently receive checks on the sale OF
their products, and are sometimes
4 losers thereby, by reason of not know
ling how to handle them.
T. Some years ago friend of his sold
his farm for. $1,000, one-halt in cash
4 and the balance on time. For the time
tpayment he took mortgage on the
farm, payable in one, two and three
years. and for the cash payment he
took a check on private banking in
stitution. Not needing the money for
1 immediate use, and deeming everything
perfectly safe, or perhaps not knowing
his duty respecting the check, he put
it in his pocket and kept it two weeks
before he thought of presenting it to
the bankers. although he resided in
their immediate neighborhood. Mean
while the bankers had failed, 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 farmers neglect to
present the check in due time = True,
he might have lost the money, i he had
obtained it upon the check in other
ways, but in this instance the loss was
purely from his neglect in not observ-
[. ing the law applicable to the presenta-
/ ton of bank checks. The farmer not
only lost, but it was also loss to the
estate of the drawer of the check.
If a man receives clfeck upon a
bank in payment for produce, or q
farm, or any other obligation, it is his
duty to present it for pa1 ment within a
reasonable time. If he does not, and
the drawer of the chick suffers loss,
there is no remedy. g..
The question, what Is reasonable
time in which q cheek should be pre-
scented for payment, depends upon cir
cumstanceS. 1t has been held that
when all the parties to check are resi-
dents of the same town or city, DELAY
of eight DAYS is sufficient to DISCHARGE
the drawer from all liability, at least to
the extent of his loss thereby. And in
such 4 case, demand made before the
close of business hours of the day sue
ceeding that on which payment might
have been first legally demanded has
been uniformly considered q demand,
made within reasonable time. If
payment is refused, notice should be
Immediately given to the drawer of the
check.
When payment of B. check upon n
bank is refused, the resource of the
holder is against the drawer and not
against the bank, even though the
bank, ut the time the check was pre-
scented for payment, was perfectly solv-
ent and held funds of the drawer suffi-
cient to meet the cheek; so that a check
is nothing more than the personal OBJ
legation of the drawer, as of a promis-
sorry note or bill of exchange. The
drawer is treated in some sort as the
principal debtor, and he is not dis
charged by any neglect of the holder
in making due presentmcnt of the
check, or in giving notice of the dis
honor, unless he suffered some loss or
injury thereby, and then only pro tanto.
If the drawer of the check have no
funds in the bank to meet it, it is
fraud. and the holder can sustain an
action upon it against tie drawer with
presentation or notice
The check may be revoked BY the
drawer ut any time before it is paid or
accepted by the banker. He may draw
out all he has on deposit. His death is
revocation. No banker would ven
ture to pay q check after notice of the
death of the drawer. If he did, he
might be called upon by the administra-
tor to pay it again. So, if the drawer
should before presentation become
bankrupt.
In a case in Michigan, where one at
the point of death drew his check upon
the bank in which he had money, being
all the money he had, with directions
to the payee to draw the money, defray
the funeral expenses out of it, and to
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 that the check did not operate
as an assignment of the fund, and that
the bank was not liable upon it to the
payee; that the check, with the whole
was revoked by the death
of the drawer, and the bank, after
notice of the death of the drawer and
of the arrangement upon which the
check was given, could not have paid
the check without risk of being again
called upon to pay an administrator of
the estate. Without acceptance by the
bank, or some special undertaking on
its part, the bank can not be held liable
upon 4 check. There is no privity of
contract between the holder and the
bank, and if the money is not paid upon
the presentation of the check. the bank
is only accountable to the drawer. We
are not presumed to take an unaccep ted
check, relying upon the credit of the
bank. but upon that of the party who
draws the check. Prairie Farmer.