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Abstract

The plaintiff, payee of a check, received it on December 1st early enough to present it for payment on that day to the drawee bank which was located in the same town. Instead of presenting it to the drawee directly, he deposited the item in another local bank on December 2d. The latter presented it to the drawee through the clearing house on December 3d, but it was not paid, the drawee having closed its doors the same day. If the check had been presented on December 2d it would have been paid, since there were enough funds in the account to cover it. In a suit by the payee against the drawer it was held that there was due presentment of the check and the drawer was not discharged. Bay City Bank v. Concordia Mutual Fire Ins. Co., (Mich. 1932) 245 N. W. 532.

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