Wisner v. First National Bank

Citations

• 220 Pa. 21
• 68 A. 955
• 1908 Pa. LEXIS 721

Syllabus

<p>Banks and banking — Checks—Return of check within twenty-four hours —Protest—Notary public — Negotiable instruments Act of May 16, 1901, sec. 137, P. L. 194.</p> <p>Under sec. 137 of negotiable instruments Act of May 16, 1901, P. L. 194, the failure or neglect of a drawee to whom a bill is delivered for acceptance to return the bill, accepted or nonaccepted, to the holder within twenty-four hours after delivery, makes the drawee an acceptor of the bill. As sec. 185 of the act declares in express terms that a check is a bill of exchange, the provisions of sec. 137 apply to a check.</p> <p>The word “refuses” in the act does not mean tortious refusal, nor does it imply that a previous demand for the return of the check to the holder shall be made. The word is to be construed so as to cover a failure or neglect to return the check.</p> <p>The act of the bank in delivering the check to a notary public for protest is not a compliance with sec. 137 of the act, and does not relieve the bank from liability for failure to return the check within twenty-four hours.</p> <p>While protesting a bill of exchange or check is permissible it is not mandatory under the negotiable instruments act, as sec. 118 specifically provides that “protest is not required, except in case of foreign bills of exchange,” and sec. 152 declares that “where a bill does not appear on its face to be a foreign bill, protest thereof in case of dishonor is unnecessary.</p>