Atwood v. Benson

The suit is upon a check, payment of which was refused by the bank for want of funds. The action is by the payee against the maker or drawer.

The sole question presented for deei sion is whether the complaint is subject to demurrer for failure to aver the check, or debt evidenced thereby, is still unpaid.

“A check is a bill of exchange drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this chapter applicable to a bill of exchange payable on demand apply to a check.” Code 1923, § 9203.

The maker of negotiable paper engages that he will pay it according to…