1016 PARKER V. GRAU. [188 PARKER V. GRAIL 4-3392
Opinion delivered March 5, 1934. BILLS AND NOTES-PRESENTATION OF CHECK.-A payee whose store was near the drawee bank, and who did not present a check given on a Monday at any time during the week, held not entitled to recover against the maker when the bank became insolvent on the following Monday. Appeal from Yell Circuit Court, Dardanelle . District ; A. B. Priddy, Judge ; reversed. John M. Parker, for appellant, Neill Bohlinger, for appellee. MCHANEY, J. Appellant, being indebted to appellee for-merchandise bought in the sum of $15.80, on Monday, November 10, 1930, in the forenoon, gave appellee his check for said amount, drawn on the Farmers' Bank of Dardanelle, where appellant at all times then and there-aftei- had more than sufficient funds to pay same: Appel-lee neglected to cash the check that day. The i i iext day, Tuesday,. November 11, was Armistice Day, -a holiday,. and the bank was closed. The check was not presented at any time during the week of November . 10, and the bank failed to open for business on Monday, November 17, but was found to be insolvent, and was taken over for liquidation .by the Bank Commissioner. Thereafter, appellee demanded that appellant take up his check, which was refused, and this suit followed. Trial to a jury in the circuit court on appeal from the justice court resulted in a verdict , and judgment for appellee.- We think the circuit court erred in refusing to direct a verdict for appellant at his request. The law is well settled in this State. Our statute, § 7952, Crawford & Moses' Digest, provides that : "A check must be presented for payment within a reasonable time after its issue or the drawer will . be discharged from liability , thereon to the extent of the loss caused by the delay." This is one of the sections of the Uniform Negotiable Instruments Act of February 21, 1913. In Burns v. Yocum, 81 Ark. 127, 98 S. W. 956, decided in 1906, before the passage of
ARK.] PARKER V. 'GRAii. 1017 said act, this court held, quoting second syllabus : "Where the payee of a check and . the bank on which it is drawn are in the same place, reasonable diligence requires the check to be presented for payment not later than the day after it is received, and delay beyond that time without excuse will discharge the drawer from liability if he is injured by .the delay." See also Pelt v. Marlor, 95 Ark. 111, 128 S_ W. 554. Several cases have arisen since said act. In Federal Land- Bank v. -Goodman, 173 Ark. 489, 292 S. • W. 659, we held that a check must be presented for payment within a reasonable *time after itS receipt, and that what constitutes a reasonable, time depends upon the circumstances of the particular case,—"such time as a prudent man would exercise or employ about his own affairs." Section 7763, - Crawford & Moses' Digest, provides : Aeterthining what is a 'reasonable time' or an 'unreasonable time,' regard-is to be had tO the nature of the instrument, the usage_of trade or bUsiness if. any with- respect to such instruments, and the *facts of the particular •case. , " , See also George H: McFadden Bros. Agency v. Keesee, 179 Ark. 510; 16 S. W. (2d) , 994; Board of Directors of St. Francis Levee District v . Hagan, 180 Ark. 33, 20 S. W. (2d)*314 ;Berry -V,.Harris, 186 Ark. 481, 54 S.-W. (2d) 289. Appellee attempts to •excnse his delaY in , presenting the check for payment by stating that he went to Boone-ville ; on the 11th, and from there to Little Rock-, where he remained Until his return on Saturday afte'r banking hours ; that,'although his place o s f buSiness was Open during his absence, he had locked the check up in: the safe; and it -was not available to his ernployees for' collection during his absence. The bank was' less- than 100 steps from his store. We *are of the opinion that the fads stated are not sufficient 'to excuse the-delay : of a week in presenting the check, and that appellee' was . ' guilty • of negligence as a Matter of law in failing to present , the check forrn payment -sooner i : or not later •than 'November 12, to appellant's darnage in the amonnt thereof. There was therefore no question of fact to be submitted to the jury, as. appellant's request for a directed verdict' should have been granted. - Reversed, and cause dismissed.
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