Ward Hunt

“ Checks of the city were issued for the payment of particular debts, and when paid should, no doubt, under ordinary circumstances, have been cancelled. A reissue of a paid check is an extraordinary proceeding. If done by an officer without the authority of the common council, it is a gross violation of duty. If with the authority, it is a loose practice, liable to abuse. ”

“ A check requires no presentment for acceptance as distinguished from presentment for payment. If once presented and payment refused, it is dishonored. [1] To constitute a bon a fide holder of a note or check it is necessary-1. That it should have been received before maturity; 2. That a valuable consideration should have been paid for it; and 3. That it should have been taken without knowledge of the defences sought to be made.
Whatever defences could properly be made to these checks in the hands of the original holder could be made while they were in the plaintiff's hands. ”

“ The court in another place charged the jury that 'if it is the usage to reissue the securities by sale in the market, they will, when so sold, be obligatory upon the corporation.' I cannot think that it is lawful for a municipal corporation to issue its checks, pay them, reissue them, and repeat this operation as often as its convenience requires. ”