next day within which to present it for payment, Rickford v. Ridge, ub. sup.; Robson v. Bennett, ub. sup.; Moule v. Brown, 4 Bing. N. C. 266; and if he pay it to his bankers before the time at which the bankers, by presenting it at the clearing house, might obtain payment on the same day, the drawer is not discharged by their omitting so to present it, although by such delay the check was dishonoured the next day, Boddington v. Schlencker, ub. sup. Checks. 12. A check is payable immediately, and the holder keeps it at his Consequence of keeping a peril; and a person taking it after it is due, takes it also at his peril; check after it is for such a check stands on the same footing as a bill or note that is due. overdue, and the party taking it can have no better title than the party from whom he takes it, Down v. Halling, 4 B. & C. 330; S. C. 6 D. & Ry. 455; S. C. 2 C. & P. 11; therefore where a check was lost, and five days after it was taken by a shopkeeper in payment of goods, held that in an action by the loser against the shopkeeper, the jury were properly directed to find for the plaintiff, if they thought that the defendant had taken it under circumstances which ought to have excited suspicion, ib.; and the rule, that bills or notes taken after they are due are taken subject to the objections existing against them, applies to checks, unless issued long after their date, Boehm v. Sterling, 7 T. R. 423; S. C. 2 Esp. 574; so if a man accept a note or draft of his debtor on a third person, and hold it an unreasonable time before he demands payment of the person on whom it is drawn, and the latter becomes insolvent, the loss must fall upon the creditor, although it was not a negotiable instrument, Chamberlyn v. Delarive, 2 Wils. 353. 4. Notice of Dishonour. 13. A person receiving a check on a banker may either lodge it Time of giving with his own banker to obtain payment, or may pay it away in the notice. course of trade, although by so doing the notice of its dishonour is postponed a day, one day being allowed for notice from the payee to the drawer, after the day on which notice is given by the banker to the payee, Robson v. Bennett, ub. sup.; so when a customer pays into his bankers, in the ordinary way, a check drawn upon them by another customer, they are intitled to the same time for ascertaining whether the check will be paid, and giving notice of dishonour (in case it be resolved by them not to pay the check) as in the case where the check is drawn upon other bankers, Boyd v. Emmerson, 2 Ad. & Ell, 184; S. C. 4 Nev. & Man. 99. 5. Remedy on a Check. 14. By the general rule of law, a banker's check is not money, it At common 002 law. Checks. By the custom of merchants. is a mere chose in action, not assignable, and not recoverable by action, and there are it seems cases which may still fall within the general rule; where therefore a trader, after having committed an act of bankruptcy, borrowed a check, but finding his affairs desperate, returned it without having used it, held that his assignees could not maintain trover for it, Moore v. Bartrup or Barthrop, 1 B. & C. 5; S. C. 2 D. & Ry. 25. But as checks, like bills and notes, have in favour of trade become negotiable instruments, the remedies on bills and notes are applicable to them. No. CCLX. Form of a Check or Draft on a Banker. No. CCLX. Common Form of a Check or Draft on a Banker. (a) As to the necessity of naming the place where drawn, see Pref. ante, sect. 2. (b) As to the naming the time, see ante, sect. 3. (c) This is merely the private mark of the drawer. (d) A check must be drawn upon some banker, see ante, sect. 4. (e) The address of the banker is a mere matter of convenience. (ƒ) As to what is necessary or otherwise to be stated in a check with regard to the payee, see ante, sect. 5. (g) The reason for mentioning the sum in the body of the check, and also in figures in the margin, is the same as in the case of bills, see ante, Pref. BILLS, sect. 32, 41. (h) The law as to the drawer's signature in the case of bills of exchange is applicable to checks, see ante, Pref. sect. 6, also BILLS, sect. 44. (i) As to the effect of crossing a check in this manner, see ante, Pref. sect. 7. (k) As to the effect of indorsement in the case of checks, see ante, Pref. sect. 7. BILLS OF PARCELS, AND BOUGHT-AND- 1. Distinction between Bills of Par- | 2. Signature of the Instrument. cels and Bought-and-Sold Notes. | 3. Stamp. between bills of parcels and notes. SECT. 1. Bills of parcels are the notes which tradesmen usually Distinction give on selling goods by retail: bought-and-sold notes are notes which pass between the vendor and purchaser in commercial matters: bought-and-sold both are intitled to consideration since the Statute of Frauds, which render some note or memorandum necessary as evidence of a contract between the parties, unless in the particular cases there specified, see further Dig. p. ii. tit. FRAUDS (STATUTE); also as to bought-and-sold notes, post, NOTES and ORDERS. the instrument. 2. The Statute of Frauds requires the signature of the party to be Signature of charged, but no particular form of signature is required; if the name of the vendor is printed, and that of the vendee written by the vendor, that is a sufficient memorandum of the contract to charge the vendor, Schneider v. Norris, 2 M. & S. 286; and although the bill of parcels be not signed, if a letter with a proper signature be connected with the bill of parcels, it will be sufficient to take the case out of the statute, Saunderson v. Jackson, 2 B. & P. 238. 3. Any note or memorandum rendered necessary by the 9 G. 4, Stamp. c. 14, is exempt from stamp duty, see further Dig. p. iii. tit. LIMI TATIONS. No. CCLXI. Common Form of a Bill of Parcels. Messrs. J. S. & Co. London, 24th October, 18 Bought of T. N. & C. (a) cotton yarn and piece goods (here follows a list of the articles sold, with the particulars and quan tity, with the prices annexed.) No. 3, Freeman's Court, Cornhill. (a) If the name of the vendor be in print, it is nevertheless sufficient to charge him if that of the vendee be written, see ante, Pref. sect. 2. No. CCLXI. Bill of Parcels. Form of a bill of sale. Absolute or conditional. SECT. 1. A bill of sale is, in its operation and form, precisely similar to a bargain and sale; but the bill of sale is of such things as do not savour of the realty, as goods, household furniture, &c. It may be either absolute, when the vendor wishes to convey the entire property to the vendee; or conditional when the conveyance is subject to a condition for making the same void on payment of the money advanced upon the goods. When such a deed is executed, the property in the goods passes to the vendee by delivery. But when it is made absolute to a person, actual possession must "accompany and follow the deed," otherwise it is void. A delivery of a single article in the name of the whole will not of itself give the purchaser such a possession as will profit him against creditors; but in the case of a conditional bill of sale, the vendor's continuing in possession will not void the deed, 3 Co. 80; Edwards v. Harben, 2 T. R. 587. Therefore if an assignment be made of household furniture, and the assignor continues in possession, it is not protected against an execution, at the suit of a creditor of the assignor, unless the assignment were notorious, Armstrong v. Baldock, Gow, 33; and see Smith v. Russell, 3 Taunt. 400. And it is not enough that a person is put in to keep possession jointly with the assignor, Wordall v. Smith, 1 Camp. 333. If the vendee suffers the late owner to interfere or exercise any act of ownership, it shall avoid the bill of sale as against a bonâ fide execution, Paget v. Perchard, 1 Esp. 205; for want of possession on a bill of sale is a notorious badge of fraud, which ought to be left to the jury, Martin v. Podger, 2 Bl. 702; S. C. 5 Burr. 2631. And a conveyance of chattels, unaccompanied with possession, is void, although in the same instrument be contained a valid mortgage of leasehold buildings, in which the chattels are situated, Reed v. Blades, 5 Taunt. 212. And to prove a bill of sale fraudulent, declarations made by the vendor at the time of executing it are admissible, but not those made at another time, Phillips v. Eamer, 1 Esp. 355; but a bill of sale made for a valuable consideration, unaccompanied with the possession, is valid against the vendor, and also against a creditor, with whose knowledge and assent it was given, Steel v. Brown, 1 Taunt. 381. As to the effect of a bill of sale from the sheriff, see Observations, post, No. CCLXV. Of Goods. 2. An absolute bill of sale is charged as a conveyance with an Stamp. ad valorem stamp.on the consideration money, see CONVEYANCE. As to a conditional bill of sale, see MORTGAGE. Assignments of Bills of Sale, see ante, ASSIGNMENTS. No. CCLXIII. Absolute Bill of Sale. No. CCLXIII. Grant. Know &c. that I (V.) of &c. in conson of the sum of £ to me in hand pd by (P.) of &c. at &c. the rect whof I do hby acknge Have granted bargained and sold and by &c. Do grant &c. unto the sd (P.) all the goods and household stuff and implements of husbandry and all other goods and chattels mentd in the schedule hereunto annexed To Have &c. all and singr the Habendum. sd goods household stuff and implements of husbandry and evy of them hby bargd and sold unto and to the proper use and behoof of the sd (P.) his exs ads and ass for ever freely quietly peaceably and witht any contradiction claim disturbance or |