A Treatise On the Law of Negotiable Instruments volume 2

Cover A Treatise On the Law of Negotiable Instruments volume 2
A Treatise On the Law of Negotiable Instruments volume 2
John W John Warwick Daniel
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St. Rep. 259.
22. Ante, § 1617.
§ 1643. HOW FAR A CHECK IS AN ASSIGNMENT. 673 bank, and thus bronght it in privity of contract with it, we should say that by such presentment the check-holder acquired priority for the reasons that have been heretofore considered.^^ And, therefore, a general assignment for the benefit of creditors would not defeat the check-holder, although he had not presented the check, ^^ nor would the appointment of a receiver to take posses- sion of the funds of the drawee.
...^^ There may be assignment of a bank deposit by mere parol.^^ And those cases which insist that a check does not per se import an assignment pro tanto seem to us to give less weight to written than to verbal testimony.^''^ 23. Ante, § 1617. Contra, cases cited, § 1G36.
24. German Sav. Inst. V. Adae, 8 Fed. 106; First Nat. Bank v. Coates, 8 Fed. 540, Miller, J. , held that check is an " equitable assignment " pro tanto. In Roberts v. Austin, 26 Iowa, 327, Cole, J. , said : " The controversy then is simply this: Markell having received full consideration therefor, draws his checks upon his banker, with whom he has funds on deposit for their pay- ment.


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