As a general rule the collecting bank cannot take anything else than money in payment of a collection except by agreement with the apparent owner.1 If it take anything else than money, such as a certificate of deposit upon the bank where the paper is payable, it takes the risk of the payment of it;2 but, it seems, if there is such a custom, it may take its own certificate of deposit, and if it does the collection is paid;3 and another case holds that the collecting bank may take a certified check, and that such a check is payment of the collection.4 There is recognized, too, in some jurisdictions the right of the collecting bank to take from the person upon whom the collection is, his check, and if the check is collected with due diligence the collecting bank incurs no responsibility, provided it does not surrender the paper,5 and one case has so held even where the paper is surrendered.6 Presentment through the clearing-house has been held to be not negligence where the check or paper went to the bank on which it was drawn.7 But the owner may waive the default of the bank in collecting something other than money, and claim as owner whatever the bank has obtained for the collection.8 The collecting bank has no right to accept a partial payment.9 If the collection is a draft, accompanied by a bill of lading, the bank may surrender the bill of lading upon acceptance of the draft,10 unless it has agreed otherwise,11 and the burden is upon the drawer to show his instruction.12 But the fact that the bill of lading is drawn to the drawer and not to the drawee is persuasive evidence of such an instruction from the bill of lading itself.13 The bank has the right, according to an incorrect doctrine, to employ agents for the owner in making the collection,14 but it has no right to employ an attorney15 or to bring suit with-

6 Bank of Metropolis v. New England Bank, 1 How. 234 The lower court was unable to understand the opinion (New England Bank v. Bank of Metropolis, Fed. Cas. No. 10,152), and on a second appeal the Supreme Court furnished it with a set of instructions. Bank of Metropolis v. New England Bank, 6 How. 212. For other authorities, see Sec. 193, post, note 1.

7 See Studebaker Mfg. Co. v. First Nat Bank, 42 & W. R. 573; Commercial Bank v. Armstrong, 148 U. S 50.

8 Williams v. Jones, 77 Ala. 294.

1 Whipple v. Walker, 2 Thomp. & C. 456; German Am. Bank v. Third Nat Bank, 5 Dill 104; Scott v. Gil-key, 153 I11. 168; Graydon v. Patterson, 13 Iowa, 256.

2 Essex Co. Nat Bank v. Montreal Bank, 7 Biss. 193; Commercial Bank v. Union Bank, 11 N. Y. 203; Hazlett v. Comm. Nat. Bank, 132 Pa.118.

3 British Mort Co. v. Tibballs, 63 Iowa, 468

4 Jefferson Co. Bank v. Comm. Nat. Bank, 39 S. W. R. 338.

5 St. Nicholas Bank v. State Nat. Bank, 128 N. Y. 26; Second Nat. Bank v. Cummings, 89 Tenn. 609; Citizens' Bank v. Houston, 98 Ky. 139. See note 7 to Sec. 180, post.

6 Indig v. Nat. City Bank, 80 N. Y. 100.

7 Turner v. Bank of Fox Lake, 3 Keyes, 425.

8 German Am. Bank v. Third Nat. Bank, 5 Dill 104, Fed. Cas. No. 5359.

9 Lowenstein v. Bressler, 109 Ala. 326.

10 National Bank of Commerce v. Merchants' Nat. Bank, 91 U. S. 92; Woolen v. New York Bank, 12

Blatchf. 359; Moore v. Louisiana Nat. Bank, 44 La. Ann. 99. See Commercial Bank v. Railway Co., 160 I11. 401.

11 See cases last cited.

12 Second Nat. Bank v. Cummings, 89 Tenn. 609. See Addendum.

13 Case last cited; and see Security Bank v. Suttgen, 29 Minn. 363.

14 Planters' Bank v. First Nat. Bank, 75 N. C. 534; Dorchester Bank v. New England Bank, 1 Cush. 177. And see Sec. 181, post.

15 Ryan v. Manufacturers' Nat. Bank, 9 Daly, 308; Crow v. Mechanics' Bank, 12 La. Ann. 692; Freeman v. Citizens' Nat. Bank, 78 Iowa, 150.

out previous instruction.16 The bank may also receive payment before maturity of the debt to be collected.17