AUGUST 15,2023 It cannot be cash but deposited to the payee’s
account.
TOPIC: CHECK
Stamped order- a check that was already paid.
Parties of Check
Stale Check
1. Drawer- depositor
2. Drawee- Bank
3. Payee- in who’s the check in favor of.
“Payable to Cash”----"Payable to bearer” (anyone
whose in possession of check can encash the bank.
You don’t have to sign or indorse.
Payable to designated person/ order of specific person.
Indorsement plus delivery.
Payable on demand- he can demand immediately.
Post-dated check- advance issuance of check.
When drawer issues check, it is presumed that a
drawer has a sufficient funds.
Relationship of depositor and bank:
It is not a contract of deposit but a contract of
loan.
Payee cannot maintain a suit against the
drawee, instead to drawer. The drawer has
always have a cause of action from the payee.
Additionally, it is to presumably for the bank to
examine the identify the identity of the payee
—to avoid forgery.
Some losses suffered by bank under fraudulent
or deceit presentment of check. Such bank will
deduct it against the manager or cashier, who
will ultimately suffer loss.
Manager’s Check and Cashier’s Check
Drawer is the manager’s or cashier
Drawee- is the bank.
Usually, they will purchase such check and
examine whether the purchases have
sufficient funds before issues such check to
buyer.
Certified Check
Will not be dishonored by the bank, because it
has already an assignment of the funds.
Crossed Check