1 Ga. 304 | Ga. | 1846
By the Court
This was an action in favor of an endorsee of a check drawn by the defendants upon tho bank of Columbus. Demand and notice to the drawers were proven to have been made, three months after date of the chock. A motion was made by defendants’ counsel for a nonsuit, upon the ground that the plaintiff had not proven presentation for payment, and notice to the drawers, within reasonable time ? Upon this motion, a nonsuit was awarded, and thereupon error is assigned. The only question for us to determine is, whether the drawer of a banker’s chock is entitled to demand and notice within reasonable time. If he is, it is conceded that the notice in this case, throe months after tho date of the check, payable presently, was not within reasonable timo.
Bankers’ chocks partake somewhat of the nature of bills of exchange, and they also differ from them in several material particulars. They are negotiable, and as between the holder and the endorser, the same rules apply, which regulate the rights and liabilities of the holder and endorser of notes or bills. A check differs from a bill of exchange in these things, to wit: it lias no days of grace, and requires no acceptance, distinct from prompt payment. The drawer of a check is not a surety, but a principal debtor ; he is an original undertaker to pay, and the chock is the evidence of Ms contract; it is an appropriation of so much money, belonging to the drawer in the hands of the drawee, to the holder, there to remain until called for. , The drawer has no right to complain of the holder letting it remain in the hands of the drawee ; and he has no right to complain of its not being presented for payment, unless, before presentment, the drawee has failed, or in some other way, by reason of the holder’s failure to present, he has sustained injury. There is some conflict of authority this but, after all, it is