¶1Where the payee to whom the check is delivered by the drawer receives it in the same place where the bank on which it is drawn is located he may preserve recourse against the drawer by presenting it for payment at any time before the close of banking hours on the .next day, and if, in the meantime, the bank fails, the loss will be the drawer’s. Ban. on Neg. Inst., secs. 1590, 1591; 2 Parsons on Notes and Bills, 73 ; Story on Bills, sec. 471. Plaintiffs first instruction should have been given. Reversed and remanded.
87 Mo. 358
Wear v. Lee
Decided October 15, 1885
Supreme Court of Missouri · decided 1885-10-15
<p>Cheek : payee : drawer. Where the payee to 'whom a check is delivered by the drawer, receives it in the same place where the bank on which it is drawn is located, he may preserve recourse against the drawer by presenting it for payment at any time before the . close of banking hours on the next day, and if in the meantime the bank fails the loss will be the drawer’s.</p>
Good law ✅— No negative treatment on recordhow we know
Reversed · Decided 1885-10-15
How this case has been cited
Cited by 6 later decisions — most recently November 1942
6 state decisions
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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