Pack v. Thomas

Citations

• 21 Miss. 11

Syllabus

<p>It is not competent to prove by parol that a check, purporting on its face to be for so much money, was designed by the drawer to be payable in the notes of a depreciated bank, and was received with that expectation by the payee; to permit the proof would be to vary a written contract by parol.</p> <p>Checks, upon their non-payment, are not governed by the same rules which regulate negotiable paper ; the drawer of the check is not released for want of notice of its non-payment, even though he had reasonable ground to believe it would be paid, or had funds deposited for its payment; it is only when there is proof that the drawee has failed, that the presumption of injury to the -drawer arises, which would be rebutted by proof of notice of the dishonor; and when a check is drawn without funds to meet it, both demand and notice may be dispensed with.</p> <p>Where the drawer of a check not paid on presentation, has been injured for want of notice of such non-payment, he is not thereby discharged from the payment of the whole check, but only to the extent of the actual injury he has sustained by the want of notice.</p>