Question 144.— A cheque payable to order contains the words "in full of account to date." If the cheque is used does this discharge the liability of the drawer to the payee of the cheque?

Answer.—If the payee notifies the drawer that he is not satisfied to accept the cheque in full of his claim, but only as a payment on account, the phrase quoted would not affect the rights of the parties. If he receives the cheque without giving such notice, it would probably be held that he had settled the debt due by the drawer, for the amount of the cheque, and released him from any further claim.