Melville Fuller

“ And, while these cases are referred to by way of illustration merely, it seems to us clear that, whatever the legislative reason for the discrimination between the subjects of the first and of the second section, that reason manifestly requires checks to be placed in the same category as bills of exchange. Again, we are of opinion that checks might properly be held comprised in the word 'orders,' as associated with bills of exchange, rather than otherwise. Orders are frequently a kind of informal bill of exchange, and a check is, of course, an order for the payment of money ”

“ And the settled rule in that jurisdiction is that where a depositor draws his check on a banker, who has his funds to an equal or greater amount, it operates to transfer the sum named in the check to the payee, who can sue for and recover the amount from the banker ”

“ In the view which we take, the demurrer, which was general, was properly overruled, if the checks were within the second section, as the 18 bills or drafts confessedly were. Simons v. Butters, 48 Ill. 226. Daniel comprehensively defines a 'check' to be 'a draft or order upon a bank or banking-house, purporting to be drawn upon a deposit of funds, for the payment at all events of a certain sum of money to a certain person therein named, or to him or his order, or to bearer, and payable instantly on demand.' 2 Daniel, Neg. Inst. ”