Bank of Hamilton v. Williams

Fish, O. J.

1. The drawer of an ordinary check can revoke it at any time before the bank has paid it or committed itself to pay it; the bank is bound by notice of such revocation, orally or. in writing, and liable to the drawer to the amount thereafter paid on the cheek. 5 Cyc. 540; 2 Michie on Banks & Banking, § 139; 1 Morse on- Banks & Banking (4th ed.), § 398; Magee on Banks & Banking (2d ed.), § 208; Zane on Banks, § 153. In the few jurisdictions in which it is held that a check operates as a pro tanto assignment of the drawer’s deposit, the rule is different. See authorities cited above.…