Federal Intermediate Credit Bank v. Faulk

On Rehearing.

It would seem that we were in error in what we said in our original opinion as to a “cashier’s check” — the legal equivalent of a “certified check” — operating as payment of the debt, etc., when procured by the debtor and forwarded to, and accepted by, the creditor; this, of course, unless the creditor specifically accepts the check in payment, etc, (which was not true in this case).

The law is rather as stated in the opinion by the Supreme Court in the case of Deal v. Atlantic Coast Line R. Co., 225 Ala. 533, 144 So. 81, 85, 86 A. L. R. 455, viz.: “If the holder of a check…