Grist v. Osgood

OPINION

At issue is whether the obligation of a drawer of dishonored uncertified checks to pay the same is discharged by failure of the payee to demand payment thereof within a reasonable time. The district court ruled that his obligation was not discharged and entered judgment for the payee.

The checks were held by the payee for more than 30 days after the date or issue1 and, when finally presented for payment, were returned for lack of sufficient funds. This tardy presentment, however, does not per se discharge the drawer since *166the record does not show that the drawee bank became insolvent…