The cases where checks have been in effect revoked by an assignment of the deposit, or by the garnishment of the deposit, or by the death or insolvency of the depositor, or by the bank's application of the deposit, have been already considered. But the drawer of a check has the right to revoke it at any time before it is accepted,1 or, if not accepted, at any time prior to its payment.2 In those states which allow the holder to sue upon a check, it may be revoked at any time prior to its presentation.3 But a check may also be revoked by the payee,4

4 See Sec. 205, post.

5 See last note.

6 Crawford v. "West Side Bank, 100 N. Y. 50.

7 National Bank of Com. v. National Mechanics' Bkg. Ass'n, 55 N. Y. 211; Crawford v. West Side Bank, 100 N. Y. 50. This statement is inserted here to prevent the text from being misleading.

8 See cases cited in notes 3 and 6 to this section.

1 Acceptance releases the drawer and substitutes the bank as debtor. It is merely another name for one species of payment. If the bank pays a revoked check through negligence, it is liable though the depositor agreed the bank should not be liable. Elder v. National Bank, 55 N. Y. Supp. 576.

2Dykers v. Leather Mfg. Bank, 11 Paige, 612. Compare Freund v. Importers' & Traders' Bank, 76 N. Y. 352, where the check had been certified. If notice is given, the burden is on the bank to show payment prior thereto. Albers v. Commercial Bank, 85 Mo. 173. Pease v. Landauer, 63 Wis. 29, denies this arbitrary right and says it can only be exercised for good cause. See also Bremer Co. Bank v. Mores, 73 Iowa, 289.

3 Tramell v. Farmers' Nat. Bank, 11 Ky. Law R. 900. There is a peculiar case in Massachusetts, which held that the drawer of the check when the check has been unindorsed by him, and, on principle, whenever the check has not passed into the hands of a bona fide holder, at any time prior to acceptance, or in some states presentation, or, if not accepted, at any time prior to payment. But a check indorsed by the payee's authorized agent, during the life-time of the payee, may be paid by the bank to the holder after the payee's death.5 If the check is paid by the bank after having been properly revoked, the bank becomes liable for the amount of the check either to the depositor revoking6 or to the payee revoking.7

4 Public Grain & Stock Ex. v. Kune, 20 Bradw. 137.