Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1913-06-07


John MCGEE owed Warren Gordon
five dollars for q couple of loads o.
cordwood. Gordon, having delivered
the wood ut McGee's residence. wen
to McGee's store to secure his money
MCGEE drew out his check book and
signed q check In the usual form, In
structing his bank to pay to Gordon
the sum Of five dollars. This wal
on Tuesday afternoon about two
o'clock. The bank did not close un
til four. but Gordon, knowing thai
MCGEE was q responsible man o.
means and not needing the cash al
that time, decided he wouldn't casl
the check at once, but would keep n
until he needed money at the end Cd
the week. Wednesday passed with
the bank open for business In the
usual way, but again Gordon did moi
present the check for payment. On
thursday Gordon heard rumors that
the bank was In difficulties and
might fail, SO he FASTENED to its
doors only to find that he was toe
ate and that they had already been
closed. The failure proved complete
! Gordon went to MCGEE and asked
chat he be paid his five dollars, in.
slsting that 1t was McGee's Dank
that had failed and that he had new.
or received his pay for the wood de-
.ivered. MCGEE inquired into all the
circumstances and pointed out that
4lad Gordon presented the check fol
payment on either Tuesday afternoon
or any time Wednesday 1t would
nave been paid In full. MCGEE fur
her stated that he had had the mon
ey on deposit in the bank and 1t had
Jeen lost. Had Gordon presented
the check within reasonable time
i've dollars, at least would have been
saved, and there was no reason why
MCGEE should lose the five dollars !.
second time. Before the law McGeei
position was correct, he was not re-
luired to make good the check, Cor
don having failed to present 1t fol
payment when he reasonably might
nave at time when 1t would have
oeen paid in full
The payment Of obligations b,
checks on bank accounts is q familiar
business procedure In every commun
ity. and an examination Of the lega
relations OF the banker. the deposit
or who signs the check and the per
son to whom he gives 1t Ia Of t.
greatest practical Importance. Lei
is examine the legal Significance o.
a check, the requirements OF a goo(
check and the obligations of the var
lous parties to It.
The form OF bank check Is famil
lar enough to all OF us. It 10 US
tally prepared by filling in ink o.
pencil blank spaces In the printet
form provided by the bank. But tht
entire check may be written, ant
checks have been prepared on many
substances besides paper. Lumber
men have whitfield out a smooth
single and written their checks
thereon. A young profligate In jai
after q spree once tore off his cuff
and wrote on 1t check to obtain
funds to secure his release. The re
luirement Ia that the check be i
writing OF some kind, which includes
typewriting, etc. 1t is addressed t6
"a stated bank, which Is directed tt
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
20 the negotiability Of the check
that Ia necessary SO that 1t may full
Ill all legal requirements and be cap
able of passing by Endorsement. etc
A check may be drawn to Bills Pay
able" or Rent" or Cash. and ID
then payable to bearer.
There Is no legal requirement that
a check be dated, but this IL a wise
and almost .nyariabss custom. an,
legal holder Of q check may fill In
the true date where 1t has been lof,
blank. A check may be dated In the
past, or in the future. II dated In the
past 1t Ia payable at once, and Il
lated In the future 1t il payable q
or after its date. While the words
on demand" are not used In q
check, they are implied In law, the
understanding being that the bsna
is instructed by its depositor to pay
20 the order Of John Jones on de-
mand.
A check must be signed by the de
positor and usually In HE OWE
hand, though contract relations be
tween the bank and depositor may a,
thorize the use OF Q. rubber stamp
or some such device In place Of .
written signature.
In law the person who draws 9
check and gives II Ia another n nm