BILLS AND NOTES-CHECKS-EFFECT OF ALTERATION BEFORE ACCEPTANCE UPON THE ACCEPTOR

Authors

Abstract

The plaintiff, drawee, sued to recover money paid to the defendant on a certified check in which the name of the payee had been cleverly altered, and which had been indorsed and negotiated by the substituted payee. The plaintiff had certified the check prior to the negotiation to the defendant, an innocent purchaser for value. Held, that under sec. 62 of the N. I. L. the acceptor "engages that he will pay it [the instrument] according to the tenor of his acceptance; and admits, * * * 2. The existence of the payee and his then capacity to indorse"; hence the plaintiff is liable on his acceptance according to the tenor of the bill at the time of acceptance or certification. Affirmed. Wells Fargo Bank and Union Trust Co. v. Bank of Italy (Cal. App. 1930) 292 Pac. 281.

Recommended Citation

BILLS AND NOTES-CHECKS-EFFECT OF ALTERATION BEFORE ACCEPTANCE UPON THE ACCEPTOR, 29 Mich. L. Rev. 503 (1931).
Available at: https://repository.law.umich.edu/mlr/vol29/iss4/12