Equitable National Bank v. Griffin & Skelley Co.

Citations

• 113 Cal. 692
• 45 P. 985
• 1896 Cal. LEXIS 843

Syllabus

<p>Bill of Exchange—Payment by Check.—A check does not constitute payment unless it is so understood; hut when a check is given in payment by the drawer of a bill of exchange, which, upon the delivery of the check, is marked “paici” at request of the drawer of the bill, and delivered up to him, this shows a distinct understanding by both parties that the bill of exchange has been paid by the check, and the money paid cannot thereafter be recovered by the drawee of the bill of exchange, and, if he stops payment of the check, the .holder of it may recover from him the amount thereof.</p>