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Rights and Liabilities of Drawer of Check


RIGHTS AND LIABILITIES OF DRAWER OF CHECK. After presentment for payment and dishonor the check is evidence of the indebtedness of the drawer, the check is presumed to be given in satisfaction of a debt, but may be shown to have constituted a loan from drawer to payee, and is then evidence of the amount. (Tiede man, Com. Pap., Sec. 455.) When held by the drawer the check is presumptively a receipt for money paid the payee, if it was made payable to order. But when the check is payable to bearer, affirmative evidence would be required to show who received the payment. (Conelly v. McKean, 64 Pa. St., 113; People v. Baker, 20 Wend., 602.) The check is not evidence of payment of a particular account, without proof of the special consideration. (Hubert v. Walsh, 4 Taunt., 293; Tiedeman, Corn. Pap., Sec. 455.) The check when paid becomes the property of the drawer, but may be kept by the bank as a voucher or receipt for money paid out on the account of the depositor until the account is balanced or set tled, when they are to be delivered up to the depos itor.