In all cases where a bank pays a genuine check drawn upon itself to the person entitled thereto1 (except in the single case of another bank2), but not is not final Merchants' Nat. Bank v. National Eagle Bank, 101 Mass. 281; National Ex. Bank v. National Bank, 132 Mass. 147; Merchants' Nat. Bank v. National Bank of Com., 139 Mass. 513. But see Preston v. Canadian Bank, 23 Fed. R, 176. 3 See Sec. 150, ante.

1 Keene v. Collier, 1 Met. (Ky.) 415. The amount of recovery is the amount paid less the check. As between banks in those states which recognize the right of one bank to recover from another bank a payment without funds, the amount of recovery is the check less the deposit. Merchants' Nat. Bank v. National Bank of Com., 139 Mass. 513.

2 The bank may pursue the diverted funds until they come to a bona fide holder. Anderson v. Kis-sam, 35 Fed. R. 699; Beard v. Lam-son, 94 Fed. R. 30.

3 See Sec. Sec. 154,155, ante.

4 Manufacturers' Nat. Bank v. Swift, 70 Md. 515. It seems that statements on the check do not bind the payee. Citizens' Bank v.. Grand, 33 La. Ann. 976.

5 Davis v. Smith, 29 Minn. 201. 6Unless the funds were a trust for the holder.

7 See Sec. 146, note 7.

1 See United States v. Nat. Ex. Bank, 45 Fed. R. 163. The person entitled is the person intended by the drawer.

2 As between banks such payment perhaps where it certifies such a check,3 or where a bank pays to the proper person a genuine note upon its depositor payable at the bank,4 the payment is final and cannot be rescinded,5 except for fraud, as, for example, in obtaining an overdraft8 participated in by the payee.