Stevens v. Park

Citations

• 73 Ill. 387

Syllabus

<p>1. Bank check—as a payment of a debt. The acceptance of a bank check by a creditor is not an absolute payment of the drawer’s debt, but is a conditional payment.</p> <p>2. Same—effect of on deposit. A bank check is presumptively drawn on a previous deposit of funds, and is an absolute appropriation of so much in the hands of the bank, to remain there until called for.</p> <p>3. Same—duty of holder to present and give notice of dishonor. While the holder of a bank check does not lose Ms recourse on the drawer by the mere act of delay, still it is his duty to present the check for payment within a reasonable time, and give notice to the drawer of its dishonor within a like reasonable time, and if he fails to do so, the .delay is at his peril.</p> <p>4. Same—burden of proof. By failing to give notice to the drawer of a ~ burden of showing that his failure to obtain payment wras through no fault of his, and that no damage has accrued to the drawer by his delay.</p>