Gifford v. Hardell
Wisconsin Supreme Court
APPEAL from the County Court of Waukesha County. This action was brought to recover against the defendant, as indorser, the amount of four checks drawn on the Commercial Bank of Milwaukee by one Musselman, in favor of divers persons, and which' had been indorsed to the defendant, who on the 17th of July, 1893, sold and indorsed them to the plaintiff.
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APPEAL from the County Court of Waukesha County. This action was brought to recover against the defendant, as indorser, the amount of four checks drawn on the Commercial Bank of Milwaukee by one Musselman, in favor of divers persons, and which' had been indorsed to the defendant, who on the 17th of July, 1893, sold and indorsed them to the plaintiff. They were indorsed and delivered to the plaintiff’s father at Dousman, Waukesha county, Wis., who at once mailed them to the plaintiff at New Richmond, Wis. The checks were not presented for payment until the 21st of July, when the Commercial…
1Opinion of the CourtPinney, J.
The same rules which exist in relation to the necessity of presentment and notice, in order to charge the indorser of bills of exchange in general, apply as well to an indorser of a check. A check on a bank is presumed to be drawn against deposited funds, and, unlike a bill of exchange, which need not be drawn on a deposit, is generally designed for immediate payment and not for circulation. For this reason it is of greater importance than in the case of a bill that a check shall be promptly presented and the drawer notified of nonpayment, so that he may speedily inquire into the cause of…
2Cases cited1 opinion
- First National Bank v. MillerNebraska Supreme Court · 1893
3Cited by6 opinions
- Aebi v. Bank of EvansvilleWisconsin Supreme Court · 1905
- Lewis, Hubbard & Co. v. Montgomery Supply Co.West Virginia Supreme Court · 1906
- Watt v. Gans & Co.Supreme Court of Alabama · 1896
- Gregg & Co. v. BeaneSupreme Court of Vermont · 1895
- Richardson Grain Separator Co. v. East Hennepin State BankSupreme Court of Minnesota · 1919
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