Peninsula National Bank v. Pederson Construction Co.

Citations

• 91 Wash. 621
• 158 P. 246
• 1916 Wash. LEXIS 1099

Syllabus

<p>Bills and Notes — Checks. A check imposes no obligation on the drawee to pay, but is an implied promise by the drawer to pay in case it is not accepted.</p> <p>Same — “Checks” — What Constitutes. A time check of the amount due a laborer on construction work, made “payable at” a certain bank, constitutes a negotiable “check”, under the negotiable instrument law, Rem. & Bal. Code, § 3392, providing that an instrument to be negotiable must contain an unconditional promise to pay; Id., § 3394, providing that a promise to pay is unconditional though coupled with a statement of the transaction which gives rise to the instrument; and Id., § 3477, providing that the use in a check of the words “payable at” a bank, is equivalent to an order on the bank to pay the amount called for.</p> <p>Bills and Notes — Checks — 'Presentment — Reasonable Time. Under Rem. & Bal. Code, § 3576, providing that a check must be presented for payment within a reasonable time, a delay of one week in presenting a check capable of presentment in two days was so unreasonable as to relieve the drawer from liability for its nonpayment by reason of the suspension of the bank.</p> <p>Fullerton, J., dissents.</p>