Plover Sav. Bank v. Moodie

• Decision Date: 24 October 1907
• Parties: PLOVER SAVINGS BANK v. MOODIE.
• Court: Iowa Supreme Court

135 Iowa 685

113 N.W. 476

PLOVER SAVINGS BANK

v.MOODIE.

Supreme Court of Iowa.

Oct. 24, 1907.

Supplemental opinion on rehearing. Overruled.

For former opinion, see 110 N. W. 29.

PER CURIAM.

In his petition for rehearing, the appellant insists that the opinion handed down upon the original submission of this cause erroneously cites Code Supp. 1902, § 3060a71, as applicable to the presentation for payment of bank checks, when in fact the rule there prescribed is intended to apply only to drafts or bills of exchange as distinguished from checks, and that the latter are governed solely by the provisions of Code Supp. 1902, § 3060a186. The section first named provides that presentment of a bill of exchange will be sufficient if made within a reasonable time after the last negotiation thereof, while the section last named provides that a check must be presented within a reasonable time after its issue. Whether the language of the last-cited section of the statute has the effect to exclude bank checks from the effect of the former it is not necessary for us to decide at this time, for, if we were to adopt the appellant's view in that respect, it could not work a reversal of the case before us. Both provisions allow a reasonable time for the presentation, and, where the check is drawn upon a bank located at a place distant from the place of its delivery to the payee or indorser, a presentment promptly made by mail through other banks in the ordinary and usual course pursued in such business will be held as a matter of law to have been made within a reasonable time.

The petition for rehearing is therefore overruled.