Bills and Notes – Acceptance – Payment by Drawee of Raised Check Precludes Recovery Under Section 62 of the Uniform Negotiable Instruments Law
Defendant, collection bank and presenter, paid the face amount of a raised check, executed its unqualified indorsement thereon, transmitted the check through regular banking channels, and received payment from drawee bank. Upon discovery of the overpayment plaintiff, surety, reimbursed the drawee and sought recovery from the defendant. The trial court sustained defendant’s demurrer. On appeal, held, affirmed. Under section 621 of the Uniform Negotiable Instruments Law, a drawee bank which pays a raised but otherwise genuine check to a non-negligent holder in due course cannot recover the amount by which the instrument was raised because payment constitutes an acceptance of the instrument according to its tenor at the time of payment. Kansas Bankers Surety Co. v. Ford County State Bank, 184 Kan. 529, 338 P. (2d) 309 (1959).