BILLS AND NOTES - WHAT CONSTITUTES A REASONABLE TIME IN PRESENTING A CHECK FOR PAYMENT

Authors

Abstract

Defendant delivered to the plaintiff, at about 10 o'clock A. M., a check drawn on the B bank. The next morning at 10:30 o'clock the plaintiff's agent went to drawee to cash the check. As there was "a run" being made on the bank that day, the agent was forced to stand in line. After waiting from 10:30 o'clock in the morning to 1 o'clock in the afternoon, he left without cashing the check. The next day the bank failed to open its doors. In an action by the plaintiff to recover the debt covered by the check, the defendant established as a fact in the lower court that if the agent had remained in line until 2 o'clock he would have been able to cash the check. Held, that the plaintiff's agent failed to use that degree of care and caution which the circumstances demanded of a reasonably prudent man, therefore the check operated as payment. Henderson Chevrolet Co. v. Ingle, 202 N. C. 158, 162 N. E. 219 (1932).

Recommended Citation

BILLS AND NOTES - WHAT CONSTITUTES A REASONABLE TIME IN PRESENTING A CHECK FOR PAYMENT, 31 Mich. L. Rev. 274 (1932).
Available at: https://repository.law.umich.edu/mlr/vol31/iss2/15