Warrensburg Co-operative Building Ass'n v. Zoll

Citations

• 83 Mo. 94

Syllabus

<p>1. Check: DRAWER: DRAWEE: ACCEPTANCE: discharge. Where a drawee, with consent of the payee, accepts a check conditionally, fixing some other time or mode of payment than is implied in the language and terms of the check, such acceptance will operate a discharge of the drawer and his sureties. But it is otherwise where the accejitance is according to the terms of the check and the payee does not consent to any delay or postponement of the day of payment.</p> <p>2. --■: -: insolvency of drawee : notice op dishonor. Where one draws his check on a bank which is insolvent and cannot pay, which fact he must have known at the time, and which, if solvent and able to pay, is not indebted to him even on a balance of accounts, he is not in a condition to be injured by failure to receive notice of dishonor.</p> <p>3. Assignee, Duty of: allowance op demands : discharge. It is the duty of an assignee to allow or reject demands when presented to him at the proper time and place, and when allowed by him he is required to certify to that effect. But his certificate of allowance has not the effect of merging, satisfying, or in any manner changing the demand presented. The assignee’s statement in his certificate that the same is received in full of all demands is extra-judicial, and nothing short of payment by him will work a discharge of the original demand.</p>