Negotiable Instruments Law
CHAPTER XVI: PROMISSORY NOTES AND CHECKS
I. Definition
X STALE CHECK ¡V is one which has not been presented for payment within a reasonable time after its issue. It is valueless, therefore, should not be paid.
X CERTIFICATE OF DEPOSIT¡V is a written acknowledgement by a bank of the receipt of money on deposit which the bank promises to pay the depositor, bearer, or to some other person, to the order of the depositor, or to him, or his order.
X TRAVELER¡¦S CHECK ¡V is one upon which the holder¡¦s signature must appear twice, one to be affixed by him at the time it is issued and the second or counter-signature, to be affixed by him n the presence of the payee before it is paid, otherwise it is incomplete.
X BOND ¡V is an evidence of indebtedness issued by a public or private corporation, promising to pay a sum of money on day certain in the future time.
II. Discussions
1. Give four differences between a check and an ordinary Bill of Exchange.
Check Ordinary BOE
Always drawn on a bank May or may not be drawn on a bank
Always payable on demand Either payable on demand, or at a fixed or determinable future time
Supposed to be drawn against previous deposits of funds Need not be drawn against a deposit
Need not be presented foe acceptance Required to be present for acceptance in certain cases
Ordinarily intended for immediate payment For circulation as an instrument of credit
The death of the drawer of a check with the knowledge of the bank revokes the authority of the bank to pay The death of the drawer of an ordinary bill does not revoke the authority of the drawee to pay
Must be presented for payment within a reasonable time after its issue Must be presented within a reasonable time after its last negotiation
The drawer of a check not presented within a reasonable time after its issue is discharged from liability to the extent of the loss caused by the delay The drawer of an ordinary bill is totally discharged
When accepted or
I. Definition
X STALE CHECK ¡V is one which has not been presented for payment within a reasonable time after its issue. It is valueless, therefore, should not be paid.
X CERTIFICATE OF DEPOSIT¡V is a written acknowledgement by a bank of the receipt of money on deposit which the bank promises to pay the depositor, bearer, or to some other person, to the order of the depositor, or to him, or his order.
X TRAVELER¡¦S CHECK ¡V is one upon which the holder¡¦s signature must appear twice, one to be affixed by him at the time it is issued and the second or counter-signature, to be affixed by him n the presence of the payee before it is paid, otherwise it is incomplete.
X BOND ¡V is an evidence of indebtedness issued by a public or private corporation, promising to pay a sum of money on day certain in the future time.
II. Discussions
1. Give four differences between a check and an ordinary Bill of Exchange.
Check Ordinary BOE
Always drawn on a bank May or may not be drawn on a bank
Always payable on demand Either payable on demand, or at a fixed or determinable future time
Supposed to be drawn against previous deposits of funds Need not be drawn against a deposit
Need not be presented foe acceptance Required to be present for acceptance in certain cases
Ordinarily intended for immediate payment For circulation as an instrument of credit
The death of the drawer of a check with the knowledge of the bank revokes the authority of the bank to pay The death of the drawer of an ordinary bill does not revoke the authority of the drawee to pay
Must be presented for payment within a reasonable time after its issue Must be presented within a reasonable time after its last negotiation
The drawer of a check not presented within a reasonable time after its issue is discharged from liability to the extent of the loss caused by the delay The drawer of an ordinary bill is totally discharged
When accepted or