Wittich v. First National Bank

Citations

• 20 Fla. 843

Syllabus

<p>1. Due notice of the non-payment of a common bank check may be necessary for the protection of the holder, but a protest by a notary is not so ; such protest will not charge the drawer with the fees of the notary,.</p> <p>2. W. drew his check on the M. bank where he had ample funds, in favor ol the F. N. B., which being presented for payment at 11 o’clock was not paid, but M. bank informed payee it was good and would be paid at close of banking hours, which was the customary time for exchange of checks between them, whereupon payee at oncej caused the check to be protested by a Notary Public for non-payment. W. now sues payee for injury to his financial credit and reputation by unnecessarily causing the check to be protested. Held, on demurrer, that though protest was unnecessary, it was not a wrong to the drawer from which damage is presumed.</p>