Wileman v. King

Citations

• 120 Miss. 392
• 82 So. 265

Syllabus

<p>1. PAYMENT. Check.</p> <p>A cheek is not a payment, unless the check is paid, unless it is specially agreed by the parties that the check, whether good or not,, shall have that effect and the burden of proof always rests on the party asserting it to show that the check was to have that effect. The presumption is against its being so received, and this presumption can only be overcome by clear proof to the contrary. ' ■</p> <p>2. Same.</p> <p>Where a mortgagee was given a. check by the mortgagor but because of illness did not present it until garnishment proceedings against the bank prevented it from being paid, he was not precluded from foreclosing his mortgage.</p> <p>3. Assignment. Check.</p> <p>The giving of a cheek does not operate as an assignment of the drawer’s funds in the bank.</p>