What is CHECK? Definition of CHECK in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
v. To control or restrain; to hold within bounds. To verify or audit; to verify, guard, or examine the work of another. Marsh v. State, 125 Ark. 282, 188 S.W. 815, 816; State v. Hearn, 115 Ohio St. 340, 154 N.E. 244, 245. Particularly used with reference to the control or supervision of one department, bureau, office, or person over another.
As used in initiative statute, to compare names of signer of petition against official registration list. Halgren v. Welling, 91 Utah, 16, 63 P.2d 550, 554.
n. A commercial device intended for use as a temporary expedient for actual money, and generally designed for immediate payment, and not for circulation. Kennedy v. Jones, 140 Ga. 302, 78 S.E. 1069, 1070, Ann.Cas.1914D, 355; Merchants' Nat. Bank v. Bank, 10 Wall. 647, 19 L.Ed. 1008.
A draft for payment of money. Wright v. Loring, 351 Ill. 584, 184 N.E. 865, 866. An order for payment of money. Glennan v. Rochester Trust & Safe Deposit Co., 209 N.Y. 12, 102 N.E. 537, 539, 52 L.R.A.,N.S., 302, Ann.Cas.1915A, 441; Weiss v. Fenwick, 111 N.J.Eq. 385, 162 A. 609, 611; Anderson v. National Bank of Tacoma, 146 Wash. 520, 264 P. 8, 10. A request to pay money, Standard Factors Corporation v. Manufacturers Trust Co., 182 Misc. 701, 50 N.Y. S.2d 10, 13.
A draft or order upon a bank or banking house, purporting to be drawn upon a deposit of funds, for the payment at all events of a certain sum of money to a certain person therein named, or to him or his order, or to bearer, and payable instantly on demand. 2 Daniel, Neg.Inst. § 1566; Bank v. Wheaton, 4 R.I. 33; Economy Fuse & Mfg. Co. v. Standard Electric Mfg. Co., 359 Ill. 504, 194 N.E. 922, 924.
A bill of exchange drawn on a bank payable on demand. Commercial & Savings Bank Co. of Bellafontaine, Ohio, v. Citizens' Nat. Bank of Franklin, 68 Ind. App. 417, 120 N.E. 670, 674; Bell Wayland Co. v. Bank of Sugden, 95 Okl. 67, 218 P. 705, 706; Thomas v. Berger, 118 Pa.Super. 422, 180 A. 32. A check differs from an ordinary bill of exchange in that it is drawn on a bank or bankers, and is payable i mmediately on presentment, without days of grace; it is payable immediately on presentment, and no acceptance as
distinct from payment is required; it is supposed to be drawn upon a previous deposit'of funds, and is an absolute appropriation of so much money in the hands of the bankers to the holder of the check. Merchants' Nat. Bank v. State Nat. Bank, 10 Wall. 647, 19 L.Ed. 1008; People v. Compton, 123 Cal. 403, 56 P. 44.
The term "check," within the ordinary meaning of that, term, includes "draft," the only distinction being that in a draft the drawer is a bank, while in the ordinary check the drawer is an individual. Leach v. Mechanics' Say. Bank, 202 Iowa, 899, 211 N.W. 506, 508, 50 A.L.R. 388.
A check is a contract. Deal v. Atlantic Coast Line R. Co., 225 Ala. 533, 144 So. 81, 82, 86 A.L.R. 455; Roff v. Crenshaw, dal.App., 159 P.2d 661, 662.
Cashier's Check
One issued by an authorized officer of a bank directed to another person, evidencing that the payee is authorized to demand and receive upon presentation from the bank the amount of money represented by the check. State v. Tyler County State Bank, Tex.Com.App., 277 S.W. 625, 627, 42 A. L.R. 1347. A form of a check by which the bank lends its credit to the purchaser of the check, the purpose being to make it available for immediate use in banking circles. Duke v. Johnson, 127 Wash. 601, 221 P. 321, 322. A bill of exchange drawn by a bank upon itself, and accepted by the act of issuance. Anderson v. Bank of Tupelo, 135 Miss. 351, 100 So. 179; In its legal effect, it is the same as a certificate of deposit, certified check or draft. Montana Wyoming Ass'n of Credit Men v. Commercial Nat. Bank of Miles City, 80 Mont. 174, 259 P. 1060, 1061. An acknowl edgment of a debt drawn by bank upon itself. In re Liquidation of State Bank of Binghamton, 152 Misc. 579, 274 N.Y.S. 41.
Crossed Check
A check crossed with two lines, between which are either the name of a bank or the words "and company," in full or abbreviated. In the former case, the banker on whom it is drawn must not pay the money for the check to anyother than the banker named; in the latter case, he must not pay it to any other than a banker. 2 Steph.Comm. 118, note c. And see 7 Exch. 389; [19031 A.C. 240; Farmers' Bank v. Johnson, King & Co., 134 Ga. 486, 68 S.E. 85, 30 L.R.A.,N.S., 697.
Forged Check
A check on which the maker's name is forged not one which has forged indorsements. Kleinman v. Chase Nat. Bank of City of New York, .124 Misc. 173, 207 N.Y.S. 191, 193. See, also, International Union Bank v. National Surety Co., 245 N.Y. 368, 157 N.E. 269, 270. A check which is created as a result of a criminal act of forgery. Samples v. Milton County Bank, 34 Ga.App. 248, 129 S.E. 170.
Memorandum Check
A check given by a borrower to a lender, for the amount of a short loan, with the understanding that it is not to be presented at the bank, but will be redeemed by the maker himself when the loan falls due. This understanding is evidenced by writing the word "Mem." on the check. This is not unusual among merchants. See U. S. v. Isham, 17 Wall. 502, 21 L.Ed. 728; Franklin Bank v. Freeman, 16 Pick., Mass., 539; Story, Pr.Notes § 499.
Traveler's" Check
See that title.
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That's the definition of CHECK in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
