106 Pa. 460 | Pa. | 1884
delivered the opinion of the court,
The learned court below left to the jury the question
In the cases of Kilsby v. Williams, 5 B. & Ald., 815, and Boyd v. Emmerson, 2 Ad. & Ell., 184, it was held that where the check was drawn upon the persons who were bankers both for the drawer and the payee, the bankers were entitled to one day’s time to determine whether they were in funds with which to pay the cheek, and that by giving notice of refusal on the following day, they were relieved from liability merely on the ground that they had retained the check for the one day. These rulings were put expressly upon the ground that the bankers were the agents of the payee to receive payment as soon as the money could ho collected, and were therefore entitled to the usual time allowed to collecting agents. In the first of the cases cited the check was paid in without anything being said, or any entry made, but there was a recovery notwithstanding a notice of refusal given the next day, because, during the day sufficient funds were paid in by the drawer to make the check good, and it was held to be the duty of the hankers, as the payees’ agents, having retained the check to apply the first moneys coming in, to its payment. In the second case there was no recovery, because the bankers were not placed in funds by the end of the day, and they gave notice of refusal the next day, and this was held to be in sufficient time to relieve them from liability on the mere ground of delay in giving the notice. But in neither of these cases was it intimated that a delay of more than one day would have been tolerated, whether the bankers were in funds or not. In our own recent case of Saylor v. Bushong, 4 Out., 28, it was hold that an acceptance of the check might be implied from the circumstance that in settling the drawer’s account, the drawees retained an amount sufficient to meet the outstanding check drawn in favor of the plaintiff.
In the present case it is not pretended there was any refusal of the check at the time of its presentment, or for several days thereafter. The depositor’s account was much more than good for the amount of the check during all that time. Both the holder and the collecting bank might well have inferred the check was or would be paid. The delay in actual pay
Judgment affirmed.