42 Ala. 108 | Ala. | 1868
It is unnecessary to discuss or decide the question, whether bank checks payable in money, are, or may become negotiable under the law merchant; and to what extent, if any, such checks are governed by the commercial law, as to days of grace, protest, and notice. For authority upon this question, however, see 2 Parson’s on Notes and Bills, 58, and cases cited in notes on pages 58 and 59. Neither is it necessary that we should determine what influence, if any, section 1834 of the Revised Code, taken in connection with section 1838, has upon the question ; said sections reading as follows : “Bills of exchange, and promissory notes payable in money at a bank or private banking house, are governed by the commercial law, except so far as the same is changed by this Code.” “All other instruments payable in money, at a bank or private banking house, are governed by the commercial laws, as to days of grace, protest, and notice.” The reason why it is unnecessary either to discuss or decide these questions, is, that the instrument sued on in the case before us, is not payable in money. And not being payable in money, it is not négotiable paper within the meaning of the law merchant. — 2 Parson’s on Notes and Bills, 58 ; Little v. Phœnix Bank, 2 Hill, (N. Y.) 425 ; Leiber v. Goodrich, 5 Cowan, 186; Thompson v. Sloan, 22 Wed. 73, and numerous cases there cited. Such, too, has been the settled law of this State for a period of more than twenty years. — Young v. Scott, 5 Ala. 475 ; Carlisle v. Davis, 7 Ala. 42. And the principle of these decisions has been adhered to in later cases.
It results that a protest was not necessary in the present case, to fix the liability of the drawer. But, notwithstanding this, it was necessary to charge the drawer, that the check should have been presented for payment within a reasonable time after it was drawn and delivered, and that
But there is another ground upon which the charge in question was properly refused. Had it been given, the jury would have been authorized to give the plaintiff nom
It results from what we have said, that the judgment must be affirmed.