150 ARTICLE 11.
is owner; and in the case of an item deposited or received for collection
payable to bearer, may negative such presumption by indorsing thereon
the words "received for deposit" or "received for collection" or words of
like import.
1929, ch. 454, sec. 87.
87. Duty and Responsibility of Bank Collecting Agents. It shall
be the duty of the initial or any subsequent agent collecting bank to
exercise ordinary care in the collection of an item and when such duty
is performed such agent bank shall not be responsible if for any cause
payment is not received in money or an unconditional credit given on the
books of another bank, which such agent bank has requested or accepted.
An initial or subsequent agent collecting bank shall be liable for its own
lack of exercise of ordinary care but shall not be liable, f or the neglect,
misconduct, mistakes or defaults of any other agent bank or of the drawee
or payor bank.
1929, ch.. 454, sec. 88.
88. Rules of Ordinary Care, in Forwarding and Presentment. (A)
Where an item is received on deposit or by a subsequent agent bank for
collection, payable in another town or city, it shall be deemed the exercise
of ordinary care to forward such item by mail, not later than the business
day next following its receipt either (1) direct to the drawee or payor
in the event such drawee or payor is a bank or (2) to another bank
collecting agent according to the usual banking custom, either located in
the town or city where the item is payable or in another town or city.
(B) Where an item is received on deposit or by a subsequent agent
bank for collection, payable by or at another bank in the same town or
city in which such agent bank is located, it shall be deemed the exercise
of ordinary care to present the item for payment at any time not later
than the next business day following the day on which the item is received
either (1) at the counter of the drawee or payor by agent or messenger
or (2) through the local clearing house under the regular established pro-
cedure, or according to the usual banking custom where the collecting or
payor bank is located in an outlying district.
(C). The designation of the above methods shall not exclude any other
method of forwarding or presentment which under existing rules of law
would constitute ordinary care.
This section relates directly only to the obligation of a collecting bank to its
depositor and not the rights and liabilities between the depositor, as payee of
check, and the drawer of it. The holder of check drawn on bank in same city,
which was not delivered until after banking hours, was not guilty of unreason-
able delay if he deposited it in his bank the day after delivery, for presentment
to drawee bank in ordinary course through the clearing house on second day
after delivery according to ordinary usage. Title Guarantee Co. v. Alter. 167
Md. 247. 250.
This section referred to in construing sec. 95. Construction Co. v. Page, 162
3Id. 359.
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