A check being payable upon demand, the drawer, if he had funds in the bank, and the indorser are entitled to have demand of payment made within a reasonable time; such is the law.1 But the consequences of a failure to demand payment of the check within a reasonable time are not the same as those which attend the failure to demand payment of a bill payable on demand, so far as the drawer is concerned. Courts have recognized in the case of bank checks that the ordinarily prudent man will assume that a bank is solvent, and that there is no pressing necessity for prompt action; but the controlling consideration has been, no doubt, that the drawer of the check is not injured in any way by the failure to present the check, except in case of the bank's failure. Therefore the rule is that as to the drawer of a check he can only complain of a failure to present the check to the bank to the extent that he has been actually injured;2 but as to the in-dorser of a check the rule is the same as that which applies to the indorser of a bill of exchange. He is entitled to have a presentment of the check for payment made within a reasonable time after its delivery after his indorsement.3

6 For the rule as to notes, see Good v. Martin, 95 U. S. 90; Ben-dey v. Townsend, 109 U. S. 665; Phipps v. Harding, 70 Fed. R 468, 34 U. S. App. 148. The federal courts disregard the state courts' holdings and enforce the general rule. Contra, Hooks v. Anderson, 58 Ala. 238; Jones v. Goodwin, 39 Cal. 493; Fessenden v. Summers, 62 Cal. 484; De Pauw v. Bank of Salem, 126 Ind. 553.

7Strictly the rule ought to be that he is a guarantor for the drawer and not for the drawee, and hence is entitled to demand and notice of non-payment to the drawer; but the cases seem to-speak of anomalous indorsers of negotiable paper. See Sec. 240, post.

8 See cases in note 6, supra, cited from California, Indiana and Alabama.

1 Daniels v. Kyle, 5 Ga. 245; Smith v. Janes, 20 Wend. 192; Sherman v. Comstock, 2 McLean, 19; Minturn v. Fisher, 4 CaL 85; Harker v. Anderson, 21 Wend. 372.

Accommodation drawers of checks are governed by the same rule as the ordinary drawer of a check. They can complain of a delay in presentation only if they are injured thereby.4 A mere accommodation drawer, who has not received value, would seem to be in the same position of any other drawer of a check.5 But an indorser or drawer who has received value for his check or for his indorsement would seem to be in the position of the ordinary drawer of a check.6 If the check is given for the accommodation of an indorser upon it, the proper rule to apply to such an indorser does not seem to have received judicial examination.7 It is needless to say that, until a demand has been made, no suit can be maintained against the drawer or indorser. Hence the question upon checks is always whether the demand was in time. The giving of a check in payment of a claim pays the claim where the drawer is released, just as in the case of a bill or note.8

2 Gough v. Staats, 13 Wend. 549. The cases upon this point are very numeroua There is no contradictory authority. Of course the holder of the check cannot sue the drawer until he has presented the check. But Breese, J., says in Springfield Fire Ina Co. v. Tincher, 30 I11. 399, that he understands the rule differently, and as usual he understands the matter wrongly.

3 Veazie Bank v. Winn, 40 Me. 60; Gough v. Staats, 13 Wend. 549.

4Diener v. Brown, 1 McArthur, 350. This question is rarely of importance, because, unless a demand is excused, no suit can be brought on the check, and then the question is whether the drawer is injured by delay.

5 He would be an accommodation drawer of a bill under the same circumstances, and unless demand was excused for some reason, he could not be held without a demand, and, if the bank failed, the question would be upon the time of demand.

6 He could only claim exoneration where he had been injured by the delay. Where the bank had failed, or some other injury had been suffered by the drawer, he would be released. But a mere accommodation indorser of a check before delivery is governed by the rule stated in Sec. 236, ante, as to the anomalous indorser of a bill

7 He would be discharged where the drawer would be discharged.