Check

' An order on a bank to pay the holder a sum of money at the bank, on presentment of the order and demand of the money.* A draft or order upon a bank or banking house, purporting to be drawn upon a deposit of funds for the payment at all events of a certain sum of money to a certain person therein named, or to him or his order, or to the bearer, and payable instantly on demand.* When accepted, it is an appropriation of so much money of the drawer in the hands of the drawee to the payment of an admitted liability on the part of the drawer. The di'awer must have an account with the bank, and, perhaps, money on deposit." The payee of a check, before it is accepted by the drawee, cannot maintain an action upon it against the latter, as there is no privity of contract between them.' A check is not an inland bill of eschailge, though like it. Unlike a bill, it is drawn upon.i bank or banker and against funds on deposit; acceptance of it stops denial of funds; no grace is allowed on it; it is not due until payment is demanded; the drawer is not discharged by laches in the holder in presenting it for payment, except to the extent of injury done him; and the death of the drawer rescinds authority in the bank to pay the check. In other respects checks are governed by the rules applicable to inland bills of exchange and promissory notes. When drawn outside of the State in which the bank is located, they are like foreign bills of exchange.' A check is to be presented or indorsed over to another holder within such time as is reasonable, taking into view all the circumstances of the case. The holder 1 Rex V. Wheatly, 2 Burr. 1127 (1760), Mansfield, C. J.; 3 Bl. Com. 165. See 7 Johns. *204; 13 id. *293; 14 id. *372. ' Heard, Lib. & SI. §§ 16, 28, 46; 6 Cush. 185; 5 Wend. 283; 2 Pa. 187. ' Mid. E. chek, a stop: F. eschec, a " check at chessplay." Cheque is from exchequer, and erroneous,

— Skeat; Webster. ' [Bu Uard v. Eandall, 1 Gray, 606 (1854), Shaw, C. J.; 10 Oreg. 35., » 2 Daniel, Neg. Inst. § 1506 (1879): 28Gratt. 170. « See Merchants' Nat. Bank v. State Nat. Bank, 10 Wall. 647-48 (1870), cases; Espy v. Bank of Cincmnati, 18 id. 604, 619-20 (1873); Gordon v. Mtlchler, 34 La. An. 004(188-2); 12 Rep. 514. ' First Nat. Bank of Washington u. Whitman, 94 U. S. 343-47 (1876), cases; iOO id. 689. ^ 'Re Brown, 2 Story, 513 (1843); Merchants' Bank v. can sue the drawer, if payment is refused; and the drawer, in such case, has assumpsit against the bank for breach of contract. The holder cannot sue the bank.i Checks; regular upon their face, pass as money.'' A bank is not bound to take notice of memoranda and figures on the margin of a check, which a depositor places there merely for his own convenience, to preserve information for his own benefit; and in such case, the memoranda and figures are not a notice to the bank that the particular check is to be paid only fi:om a particular fund. So, too, a mark on a deposit ticket, if intended to require a particular depositto be kept separate from other deposits, must be in the shape of a plain direction, else such a duty will not be imposed on the bank.s Certified cheek. A check marked "good" by the banker., Implies that there are funds in the bank with which to pay it, that the same are set apart for its satisfaction, and that they will be so applied when the check is presented for payment.* The act of certifying is equivalent to an acceptance of the check. The object is to enable the holder to use the check as money. The bank c Jiarges the check to the account of the drawer; credits it in a certified check account; and, when paid, debits that account with the amount. The bank thus becomes the debtor of the holder.'' Memorandum cheek. A check having "Memorandum"' or "Mem." wi-itten across its face. A memorandum of indebtedness given by a borrower. In the hands of a third person, for value, has the force of a check without restriction. ^ The check takes the place of a note, as for a temporary loan. It is not designed to-be presented at bank, but is for redemption at the time agreed upon." Bai Bed check. A check increased in the amount for which it was drawn, by fraudulent alteration, q. v. When money has been been paid upon a raised check by mistake, neither party being in fault, it may be recovered as paid without consideration. If neither party's negligence caused the injury the holder must bear the loss. When a peraon sends such paper to the bank Upon which it is drawn, for information, the bank ■ Bank of the Eepublic v. Millard, 10 Wall. 156 (1869). See generally 20 Cent. Law J. 339-42 (1888), cases. 2 Poorman v. Woodward, 21 How. 275 (1858;; Downey V. Hicks, 14 id. 249 (18S2). » State Nat. Bank of Springfield v. Dodge, 124 U. S. 346(1888). Blatchford, J. < Merchants' Bank v. State Bank, Espy v. Bank, Bank v. Whitman, ante; Bank of British North Amer^ ica, 91 N. Y. 110 (1888). s Story, Prom. Notes, § 499; 16 Pick. 53S; 32 N. J. L. 96; 11 Paige, 612. is presumed to know the drawer's signature and the state of his account. Unless the attention of the bank oflttcer is directed beyond these two matters, his response that the check is good will be limited to them, and will not be extended to the genuineness of the fi Uing-in or of the check as to the payee or the amount. 1 See Bank, 2; Cashier; Deposit, 2; Donatio, Mortis, etc.; Negotiable; Ordek^I. ^