¶1Upon the facts stated in the trustee’s answer, the check was evidently given by him and received by the principal defendant as payment, and operated as such, at least until presentment and refusal, which in this case did not happen. Nothing therefore was due from the trustee to the defendant at the time of the service of this process. Pearce v. Davis, 1 Mood. & Rob. 365. Barnard v. Graves, 16 Pick. 41. Cushman v Libbey, 15 Gray, 358. Trustee discharged.
124 Mass. 366
Getchell v. Chase
Massachusetts Supreme Judicial Court
Decided April 6, 1878
Massachusetts Supreme Judicial Court · decided 1878-04-06
<p>A bank check, given and accepted by the parties to it as payment of the balanci found due upon accounting together, is such a payment as will entitle the drawer to be discharged, if summoned as trustee of the payee, in an action in which the writ is served on the day after such payment, although the check is not presented and paid at the bank on which it is drawn until the next day.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1878-04-06
How this case has been cited
Cited by 11 later decisions — most recently November 1936
11 state decisions — followed in 10 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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