The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-02-14

tldcts. by Inc Olu, cOHiniOu INV tiioh
were held void. But OF late
years there have been great altera,.
lions, by statute, of the rights and
liabilities OF husband and wife In the
United States. In almost all the States
O married woman is now permitted to
hold and enjoy her property and In
come free from her husbands control
and to make such disposal OF them by
will as she may desire.
A sale transfers the ownership OF
property for a certain price. An ex-
pected product, as grain and fruit,
can be sold. The buyer may accept
delivery by sample as part of the
property purchased or by receipt for
goods in warehouse, Stolen articles
may be reclaimed by the owner.
A warranty may be general or pard-
cular and limited. 1t may be express
or implied. By the fact OF the sale the
law implies warranty OF title by the
that they shall be of the quality Of the
sample. But in general the quality of
the sample itself or of goods visible Is
not warranted. There may be u war
ranty as to the character and even to
the quality of the goods from state
ments made by the seller at the time
of the sale or il the goods are bought
for particular purpose. A general
warranty does not extend to defects
known to the purchaser, which are
open to inspection and observation
unless the purchaser Is unable AT the
time TO discover these readily and
relies rather upon the knowledge and
warranty Of the seller. Mere silence
on the part of the seller is not fraud.
| But he must not by word or decd lead
the buyer astray. Mere declarations
| of opinion are not warranty; but II
they are intended to deceive. and have
| that effect they may void the sale for
| fraud.
...-.
SOME NOTES ON NOTES, cHEcKs, ETC.
Three days of grace being always al
| lowed on promissory note Is n Gus
tom which, after years OF acknowledge
ment and practice, has acquired the
force Of recognized law. A check has
no days OF grace. Negotiable paper
includes bills of exchange, promissory
notes, bank notes, certificates of de-
letters OF credit, etc. After custom
airy or reasonable time has elapsed
since deposit, and while still In posses
sion oil lhndS, n DIRK Is bound to pay
the checks OF depositofS. But whether
the holder OF cheek, in case of re-
fu5al, may sue the bank for non-pay-
nient, Is II question OF soue difficulty
and Is not yet definitely settled by au-
| thority. But on general principles Of
commercial law it would seem that the
bank is bound to pay check as long
as II has funds ON deposit 10y the draw
err OF the check. Tho drawer Of a check
is not surety, as is the drawer OF a
bill but u principal debtor like the
maker Of a note, Nor can n drawer
complain of any delay whatever in the
presenting OF The check; for IL is AN ab-
Sulute appropriation as between the
holder and tile drawer to tho former of
so much money i'll the bankers hands;
there it may be at the holders pleasure.
But delay is Mt the holders risk; for II
the hank fails after he could have got
ten his money on the check the loss is
his.
But mere notice TO the bank that o
party holGg check, without present.
ment and demand, will not bind the
bank, and IL there be funds, when no
tjco Is thus giver, without presantment
for payment by tho holder and In the
meantime other checks are presented
and paid, The bank is not liable
Ii one who holds check us payee,
or otherwise transfers it to another,
he has II right to insist that the check
should be presented In the course of
the banking hours Of that dav and the
next. Aud IL the party receiving the
check live elsewhere than where the
bank Is, it seems that he should send
it for collection the next day: and if to
an agent, the agent should present 1t
In the course OF the day after he re-
ceiNes u, ms IS iouhded upon the
general principle OF business vigilance
ana Dr9mpoiiess. ~ q cheek he drawn
Wheh the drawer neither has funds IN
the iaik, nor has made any arrange
mehls by "hlch no mas q right To draw
chcck, inc araW4llB Oh auch chcck
Is Irauu, or general ffinc'rlesi hul
WINE the hoider couid proceed against
dhe drawer on inc ground OF fraud, he
Would be more aDt TO wait on The
aflWer LOT some other arrangement TO
DC made Tor payment Of the check.
Checks are seldom accepted. But they
arc oiteh marked good by tho bank;
!. e., they are ceruheu by Inc bank as
being good Tor inc amount called Tor
on Tue iaoe OF lile cneek, anu when SO
married, the hanK llinds ITSELF Tor the
amount OF me checkf as an acceptor,
ray hleni OF of,llfary checks can be
stopped ny the drawer before present.
lneht ana payment ny me tank, but IN
the ease OF cetliieu clicck me pallK
would DC pouid 20 pay the check even
II ilotlileu ny the drawer, before pay
ment, tlial payment should not be
haue,, tl#eRs arc generality made
payable to bearer; but may lie and
often ere made payable to IL pace or
his order.
4 When made payable to order thsy
mltst be signed across the back by the