Article Text

IMPORTANT CASE SETTLED YESTERDAY The possessor of a check is the loser if the bank on which the check is drawn goes into the hands of a receiver before the check is cashed, according to a decision rendered by the Supreme Court yesterday in the case of T. C. Marlar against J. D. Pelt. Pelt gave Marlar a check for $100 on the Merchants and Farmers Bank at New Lewisville, dated January 14, 1909. Marlar endorsed the check and placed it in a Hope bank for collection. The Merchants and Farmers bank was in the hands of a receiver by the time the check reached that institution and, although Pelt was credited with sufficient funds to cover the check, the latter was not honored. The check reached the bank at New Lewisville on January 20th. The bank was in the hands of a receiver, and the check was not honored. Marlar instituted this action against Pelt to recover the amount of the check. Testimony was adduced showing that checks presented in person or by agent at the bank up to the close of its business day