Check

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.