A check gives the payee no rights against the bank upon which it is drawn. The bank is under no liability to the payee for refusing to pay the check, even when the bank holds funds of the maker. In such a case the payee has a right of action against the maker, and the maker a right of action against the bank.

1 Norton on Bills and Notes, Sec. 148.

2 "In a sense, undoubtedly a check is a species of bill of exchange, and in a sense, also, it is a distinct commercial instrument; but according to the understanding of merchants, and according to our statutes, these instruments were checks and not bills of exchange. 'A check is an order to pay the holder a sum of money at the bank, on the presentment of the check and demand of the money. No previous notice is necessary; no acceptance is required or expected; it has no days of grace. It is payable on presentment, and not before.' " Norton on Bills and Notes, page 384, note. 3 Keene vs. Bland, 8 C. B. (N. S.), 380.

"By certifying a check to be good, the bank assumes an unconditional obligation to the holder presenting it, and to every subsequent holder, to pay it on demand; and this obligation may be enforced by the holder against the bank. And a delay in presentment will not discharge the obligation.

"The certification of a check at the instance of the holder discharges the drawer and indorsers from liability, but the drawer is not discharged where he himself has it certified, and puts it in circulation. The drawer will also be discharged if the holder takes the parol acceptance of the bank instead of payment."4