or More Parts of a Set to Different Persons.] Where the holder of a set indorses two or more parts to different persons, he is liable on every such part, and every indorser subsequent to him is liable on the part he has himself indorsed, as if such parts were separate bills.

3177r (5078) [Acceptance of Bills Drawn in Sets.] The acceptance may be written on any part and it must be written on one part only. If the drawee accepts more than one part, and such accepted parts are negotiated to different holders in due course, he is liable on every such part as if it were a separate bill.

3177s (5079) [Payment by Acceptor of Bills Drawn in Sets.] When the acceptor of a bill drawn in a set pays it without requiring the part bearing his acceptance to be delivered up to him, and that part at maturity is outstanding in the hands of a holder in due course, he is liable to the holder thereon.

3177t (5080) [Effect of Discharging One of a Set.] Except as herein otherwise provided, where any one part of a bill drawn in a set is discharged by payment or otherwise, the whole bill is discharged.

SUBDIVISION 3.

PROMISSORY NOTES AND CHECKS.

3177u (5081)

Re-Subdivision 1.

FORM AND INTERPRETATION.

[Promissory Note Defined.] A negotiable promissory note within the meaning of this chapter is an unconditional promise in writing made by one person to another, signed by the maker, engaging to pay on demand, or at a fixed or determinable future time, a sum certain in money to order or to bearer. Where a note is drawn to the maker's own order, it is not complete until indorsed by him.

A writing in these words: "Three months after date we promise to pay Samuel Foster, or order, one hundred and forty-three dollars and twenty-two cents, provided the said Samuel Foster delivers the crop of tobacco raised by him and Trockmiller, then said Foster is to have one-fourth of the sum in hand, and, in addition, three dollars and fifty cents per hundred for that part yet to be delivered, payable onefourth in hand, and the balance in one hundred and twenty days, April 28, 1827," is a promissory note within the statute dispensing with proof in certain cases. In an action upon such a writing, executed by four, and process served on two only, it is not necessary to prove the execution by the other two. Ring v. Foster, 6 Ohio 279. (1834.)

A judgment note given to one creditor in an amount covering his own claim, together with the amount of the claims of several other creditors, by way of preference, the debtor knowing of his insolvency, intending and expecting judgment on the note at once, and levy of execution on all his property for the payment of all claims included in the note, will amount to a trust for the benefit of such other creditors and enure to the benefit of all creditors under Sec. 6344, Rev. Stat. Wadsworth Bank v. Daniels, 1 O. S. C. D. 667 (38 Bull. 178). (1897.) A certificate of deposit, by the cashier of a bank, for a sum named, payable at a future period, with interest, to the order of the person for whose benefit the deposit was made, is a promissory note. Austin v. Miller, 2 O. F. D. 709. (1850.)

A check is a bill of ex

3177v (5082) [Check Defined.] change drawn on a bank payable on demand. Except as herein otherwise provided, the provisions of this chapter applicable to a bill of exchange payable on demand apply to a check.

A bank check, being an order on the bank by the drawer to pay his money as therein directed, is revocable by him before its presentation for payment, unless the bank on which it is drawn has accepted or certified it, or otherwise become committed to its payment; and while an affirmative answer by the bank to a general inquiry whether checks of a person named for a specified sum are good, is information that such person has on deposit, subject to check, money to that amount, it does not constitute an acceptance or certification of or otherwise create an obligation on the bank to pay, checks which the inquirer may then hold. Kahn, Jr. v. Walton, 46 Ohio St. 195. (1889.)

To pay for a bill of goods, the buyer sent to the seller a check, drawn by one bank upon another, indorsed by the buyer to whose order the check was payable, and the seller, on receiving it, sent back to the buyer a receipt acknowledging payment of the bill. At the time of sending the check by the buyer, and the receipt by the seller, it was supposed by the buyer and seller that it was good, but in fact there were no funds of the drawer in the hands of the drawee subject to the payment of the check at the time it was drawn or afterward: Held, that in an action on an account for goods sold and delivered, a plea of payment cannot be maintained on the facts above stated. Fleig v. Sleet, 43 Ohio St. 53. (1885.)

The drawer of a check delivered it to the payee, intending thereby to give to the payee the fund on which the check was drawn: Held, that until the check was either paid or accepted, the gift was incomplete; and that in the absence of such payment or acceptance, the Ideath of the drawer operated, as against the payee, as a revocation of the check. Simmons v. Savings Society, 31 Ohio St. 457. (1877.)

The rightful possession of a check, made payable to the order of a particular person, confers no authority on the drawee to pay the same to the person having such possession, without the genuine indorsement of the payee. Dodge v. Bank, 30 Ohio St. 1. (1876.)

The duty of the drawee upon acceptance of such check, to pay the same only upon the genuine indorsement of the payee named therein, is not affected by a custom among bankers as to the mode of ascertaining the identity of the person indorsing the name of the payee and receiving payment. If the drawee relies upon false representations as to identity, for which neither the drawer nor payee are responsible, he makes payment to a wrong person at his peril. Ib.

Where the drawee attempts to justify payment to a person not bearing the name of the payee, upon his unauthorized indorsement of the payee's name, on the ground that he was the person to whom the drawer intended payment to be made, though described by a false name; all the facts in regard to such intention being unknown to the drawee at the time of payment, he cannot be allowed to prove a portion of the facts occurring at the time of drawing the check, and to insist upon excluding other material facts occurring at the same time tending to disprove such intention. Ib.

When there is no fraud, or special understanding between the banker and his customer, the liability of the banker for paying a check upon a forged indorsement cannot be affected by conduct of the customer in drawing the check, of which the banker had no notice. Dodge v. Bank, 20 Ohio St. 234. (1870.)

Where a party depositing money in one bank to the credit of another bank, but without the knowledge of the latter, took a letter from the former bank addressed to the latter, advising it of the deposit, and afterward delivered the letter to a third person, with his own name indorsed in blank thereon, for presentation to the bank to whose credit the deposit was made: Held, that as between the depositor and the latter bank, in the absence of notice to the contrary, the bearer of the letter had authority to control the fund, and for that purpose, to write a check or order over the blank signature. Weirick v. Mahoning Bank, 16 Ohio St. 296. (1865.)

The circumstance that a draft for money, otherwise in the, usual form of a check, is payable on a future specified day, is prima facie, but not conclusive evidence that the instrument is a bill of exchange and as such entitled to days of grace. But when such instrument is drawn upon a bank or banker, and is designed by the parties as an absolute transfer and appropriation to the holder of so much of an actually existing fund belonging to the drawer in the hands of the drawee, it is nevertheless a check, and not a bill of exchange, and not entitled to days of grace. Andrew v. Blachly, 11 Ohio St. 89. (1860.)

The usage of banks, in any particular place, to regard drafts upon them payable at a day certain after date as checks, and not entitled to days of grace, is inadmissible to control the rules of law in relation to such paper. Morrison v. Bailey, 5 Ohio St. 13. (1855.)

A draft for money, in the usual form of a check, but payable on a future specified day, is a bill of exchange, and entitled to days of grace. Ib.

A check is always payable on presentation and demand, and is not entitled to days of grace. Ib.

A check marked "in full" but for a less sum than is due on a liquidated or undisputed debt, the deduction being for a pretended and unfounded claim, does not estop the receiver from recovery of the balance due, nor is it necessary for him to restore the amount received. Burke v. Insurance Co. 12 Dec. 37. (1901.)

3177w (5083) [Within What Time a Check Must be Presented.] A check must be presented for payment within a reasonable time after its issue, or the drawer will be discharged from liability thereon to the extent of the loss caused by the delay.

A holder of a bank check failing to present it for payment until after the drawer had been adjudged a bankrupt is not entitled to

priority of payment from funds in the hands of the assignee, though the drawer has funds on deposit with the drawee sufficient to meet it from the time the check was made. Smith, In re, 11 O. F. D. 331. (1877.)

3177x (5084) [Certification of Check; Effect of.] Where a check is certified by the bank on which it is drawn, the certification is equivalent to an acceptance.

Where the drawer of a check, before delivering it to the payee, has it certified as good by the bank upon which it is drawn, and the payee presents it in due season for payment, and gives due notice to the drawer of its nonpayment and the bank had failed at the time of its presentment for payment, the drawer will not be discharged from liability on the check. Oyster Co. v. Bank, 51 Ohio St. 106. (1894.)

A drawer of a check by having it certified is not relieved from liability thereon if due notice of dishonor is served on him. nati Fish Co. v. Bank, 2 Circ. Dec. 463 (4 R. 135). (1889.)

Cincin

3177y (5085) [Effect where the Holder of Check Procures it to be Certified.] Where the holder of a check procures it to be accepted or certified, the drawer and all indorsers are discharged from liability thereon.

31772 (5086) [Where Check Operates as an Assignment.] A check of itself does not operate as an assignment of any part of the funds to the credit of the drawer with the bank, and the bank is not liable to the holder unless and until it accepts or certifies the check.

Where the drawer of a check has no account individually with the bank upon which the check is drawn, but has an account there as administrator, or in some other trust capacity, it is wrong for the bank to pay the check and charge it to the trust account. Bank v. Bank, 58 Ohio St. 207. (1898.)

An action cannot be maintained against a bank by the holder of a check for refusal to pay it unless the check has been accepted, although there stands to the credit of the drawer on the books of the bank a sum more than sufficient to meet the check. Railroad Co. v. Bank, 54 Ohio St. 60. (1896.)

The check of a depositor for part of the sum due him, is not an assignment pro tanto, without acceptance by the bank. Bank v. Brewing Co. 50 Ohio St. 151. (1893.)

Money received by a bank on general deposit becomes the property of the bank, and its relation to the depositor is that of debtor, and not of bailee or trustee of the money. Ib.

Where, at the time a check is drawn, or is presented, the drawer is indebted to the bank on past due paper, it may treat the cross de