Deal v. Atlantic Coast Line R. Co.

Suit on check by payee against drawer. The Code furnishes no form for such a suit. A check is, in every legal sense, a bill of exchange. As stated in the case of Atwood v. Benson, 215 Ala. 72, 109 So. 361: “There is no form prescribed for suit by the payee against the maker or drawer' of a check. In some respects the action is more analogous to a suit on a note or bond by the payee against the maker than to an action by an indorsee of a bill of exchange. The general rule is everywhere recognized that payment is an affirmative defense.”

The check imports a consideration, which, however, may be…