River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1913-08-21
POPULAR TALKS ON LAW
Checks And Bank Accounts
BY Walter K. Towers, A. B., J. D., OF the
Michigan Bar.

cred the wood at McGee's residence
went to McGee's store to secure his
money. MCGEE drew out his check
book and signed a check in the
usual form, instructing his bank to
pay to Gordon the sum of five dol
lars. This was on Tues day after
noon about two o'clock. The bank
did not close until four, but Gordon,
knowing that MCGEE was a respon-
Sible man of means and not need
ing the cash at that time, decided
he wouldn't cash the check at once,
but would keep itesuntil he needed
money at the end of the week.
Wednesday passed with the bank
open for business in the usual way,
but again Gordon did not present
the check for payment. On Thurs
day Gordon heard rumors that the
bank was in difficulties and might
fail, SO he fastened to it's doors
only to find that he was too late and
that they had already been closed.
The failure proved complete.
Gordon went to MCGEE and asked
that he be paid his five dollars, in
sisting that it was McGee's bank
that had failed and that he had
never received his pay for the wood
delivered. MCGEE inquired into all
the circumstances and pointed out
that had Gordon presented the
check for payment on either Tues
day afternoon or any time Wednes-
day it would have been paid in full.
MCGEE further stated that he had
had the money on deposit in the
bank and it had been lost. Had
Gordon presented the check within
reasonable time five dollars, at
least, would have been saved, and
there was no reason why MCGEE
should lose the five dollars a Sec
ond time. Before the law MCGEE
position was correct, he was not re-
quired to make good the check,
Gordon having failed to present it
for payment when he reasonably
might have at time when it would
have been paid in full.
The payment of obligations by
checks on bank accounts is fa-
miliar business procedure in every
community, and an examination of
the legal relations of the banker,
the depositor who signs the check
and the person to whom he gives it,
is of the greatest practical import
ance. Let US examine the legal
significance of check, the require
mentS of good check and the OBJ
legations of the various parties to
it.
The form of bank check is fa
miliar enough to all of us. 1t is
usually prepared by filling in ink or
pencil blank spaces in the printed
form provided by the bank. But
the entire check may written, and
checks have been prepared on many
substances besides paper. Lumber
men have whitfield out a smooth
shingle and written their checks
thereon. A young profigate in Jail
after a spree once tore off his cuff
and wrote on it check to obtain
funds to secure his release. The
requirement is that the check be
in writing of some kind, which in
cludes typewriting, etc. 1t is ad-
dressed to a stated bank, which is
directed to "Pay to the order of
John Jones" or "Pay TO the order
of Bearer certain sum of money.
These words, "pay to the order of, :"
are necessary to the negotiability of
the check-that is necessary SO that
it may fulfill all the legal require
ments and be capable of passing by
Endorsement. etc. A check may be
drawn to Bills Payable" or
Rent" or Cash" and is then
payable to bearer.
There is no legal requirement
that a check be dated, but this is a
wise and almost invariable custom.
Any legal holder of check may fill
in the true date where it has been
left blank. A check may be dated
in the past or in the future. If dat
ed in the past it is payable at once,
and if dated in he future it is paya-
BILE on or after is date While the
words on demand" are not used
in a check, they are implied in law,
the understanding being that the
bank is instructed by its depositor
TO pay to the order of John Jones
on demand.
A check must be signed by the
depositor and usually in his own
hand, though contract relations be-
tween bank and depositor may au
thorize the use of a rubber stamp,
or some such device in place of a