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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 396   View pdf image (33K)
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396 ARTICLE 13.

An. Code, sec. 206. 1904, sec. 206. 1898, ch. 119.

206. Where a check is certified by the bank on which it is drawn, the
certification, is equivalent to an acceptance.

By the certification of a check or draft the bank becomes directly liable to the
holder; such act is an acceptance by the bank. Effect of mistake. Bk. of Com-
merce v. Commercial Bk., 141 Md. 557. And see Bank of Balto, v. Drovers Bk.,
143 Md. 177.
See art. 11, sec. 69.

An. Code, sec. 207. 1904, sec. 207. 1898, ch. 119.

207. Where the holder of a check procures it to be accepted or certified,
the drawer and all indorsers are discharged from liability thereon.

. Where there is a dispute between a debtor and creditor as to the amount due,
and the former sends the latter a check for less than the creditor claims to be due,
stating that it is in full settlement, and not to be used unless it is so accepted, the
action of the creditor in having such check certified, amounts to a " using" of
the check and an acceptance thereof in full settlement. Effect of the certification
of a check. Scheffenacker v. Hoopes, 113 Md. 117. And see Bank of Balto, v.
Drovers Bank, 143 Md. 173.

A bank whose certification of a check has been forged, allowed to recover from
the bank which presented it for payment, notwithstanding the non-compliance with
a clearing house rule as to notice of errors. Bank of Balto, v. Drovers, etc.. Bank,
143 Md. 173.

The certification of an acceptance, unless a right of cancellation exists and is
exercised, releases the maker and endorsers of the instrument. Balto. Commercial
Bk. v. Shapiro, 141 Md. 564.

This section is declaratory of the common law and was the law of Maryland
when Second Natl. Bank v. Western Natl. Bank, 51 Md. 128, was decided. Bk. of
Commerce v. Commercial Bk., 141 Md. 559 (dissenting opinion).

An. Code, sec. 208. 1904, sec. 208. 1898, ch. 119.

208. A check of itself does not operate as an assignment of any part of
the funds to the credit of the drawer with the bank, and the bank is not
liable to the holder, unless and until it accepts or certifies the check.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 396   View pdf image (33K)
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