Check

The truth is, that a check is properly neither a bond, bill, or note, with regard to the bank drawn upon, but an acquittance. And the contract arising out of a payment upon it, is a contract for money advanced, and must be so declared upon.

Contracts. A written order or request, addressed to a bank or persons carrying on the business of banking, by a party a person therein named, or bearer, or to such person, or order, a named sum of money. The chief differences between checks and bills of exchange are: First, a check is not due until presented, and, consequently, it can be negotiated any time before presentment, and yet not subject the holder to any equities existing between the previous parties. 3 Johns. Cas. (N. Y.) 5, 9; 9 Barn. & C. 388; Chit. Bills (8th Ed.) 546. Secondly, the drawer of a check is not discharged for want of immediate presentment with due diligence, while the drawer of a bill of exchange is. The drawer of a check is only discharged by such neglect when he sustains actual damage by it, and then only pro tanto. 6 Cow. (N. Y.) 484; Kent, Comm. lect. 44 (5th Ed.) p. 104, note; 3 Johns. Cas. (N. Y.) 5, 259; 10 Wend. (N. Y.) 306; 2 Hill (N. Y.) 425. Thirdly, the death of the drawer of a check rescinds the authority of the banker to pay it, while the death of the drawer of a bill of exchange does not alter the relations of the parties. 3 Man. & G. 571-573. Fourthly, checks, unlike bills of exchange, are always payable without grace. 25 Wend. (N. Y.) 672; 6 Hill (N. Y.) 174.

n. 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 hls order or to bearer, and payable instantly on demand. 2 Daniel, Neg. Inst. § 1566; Bank v. Patton, 109 111. 484; Douglass v. Wllkeson, 6 Wend. (N. Y.) 643; Thompson v. State, 49 Ala. 18; Bank v. Wheaton, 4 R. I. 33. A check is a bill of exchange drawn upon a bank or banker, or a person described as such upon the face thereof, and payable on demand, without interest Civ. Code Cal. § 3254; Civ. Code Dak. § 1933. A check differs from an ordinary bill of exchange in the following particulars:
(1) It is drawn on a bank or bankers, and is payable immediately on presentment, without any days of grace.
(2) It is payable immediately on presentment, and no acceptance as distinct from payment is required.
(3) By its terms it is supposed to be drawn upon a previous deposit of funds, and ls an absolute appropriation of so much money in the hands of the bankers to the holder of the check, to remain there until called for, and cannot after notice be withdrawn by the drawer. Merchants' Nat. Bank v. State Nat. Bank, 10 Wall. 647, 19 L. Ed. 1008; In re Brown, 4 Fed. Cas. 342; People v. Compton, 123 Cub 403, 56 Pac. 44.

— Chech-book. A book containing blank checks on a particular bank or banker, with an inner margin, calied a "stub," on which to note the number of each check, its amount and date, and the payee's name, and a memorandum of the balance in bsnk.

— Crossed check. A check crossed with two lines, between which are either the name of a bank or the voids "and company," in full or abbreviated. In the former case, the banker on whom it is drawn must not pay the money for the check to any other than the banker named ; in the latter case, he must not pay it to any other tban a banker. 2 Steph. Comm. 118, note c.

— Memorandum check. A check given by a borrower to a lender, for the amount of a short loan, with the understanding that it is not to be presented at the bank, but will be redeemed by the maker himself when the loan fails due. This understanding is evidenced by writing the word "Mem." on the check. This la not unusual among merchants. See U. S. v. Is-ham, 17 Wail. 502, 21 In Ed. 728; Turnbull v. Osborne, 12 Abb. Prac. (N. S.) (N. Y.) 202; Franklin Bank v. Freeman, 16 Pick. (Mass.) 539.

cheque. A written order on a bank, or banker, for payment.on presentmentj Of a certain sum of money to a person therein named, or to him or bearer, or order, — operating, without acceptance, as an appropriation to that amount of money of the drawer on deposit

ve. To control or restrain; to hold within bounds. To verify or audit. Particularly used with reference to the control or supervision of one department, bureau, or office over another.

' 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. ^

Cheque. A check resembles an inland bill of 'exchange. It is an order on a bank or banker for the payment of money to the drawer, or a third person, order, or bearer. There is, however, no distinct acceptance; no days of grace are allowed; and it is not a matter of credit, but an appropriation of money in the hands of the bank.

Cheque. A written order or request addressed to a bank, or to persons carrying on the business of bankers, by a party having money in their hands, requestmg them to pay, on presentment, to a person therein named, or to him or bearer, or order, a named sum of money.* Chitty on Bills, 511, (Perkins' ed. 1849.) Story on Prom. Notes, § 487. A check nearly resembles a bill of exchange, yet it differs from it in many particulars. See 3 Kent's Com. 75, 104, note. Story on Prom. Notes, § 489. Story, J., 2 Story's R. 512.