Bergin Jr., Charles K

Slosberg, Richard B

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Boston College Law ReviewVolume 5 | Issue 2 Article 101-1-1964Article 4: Bank Deposits and CollectionsRichard B. SlosbergCharles K. Bergin Jr.Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclrPart of the Banking and Finance Law CommonsThis Uniform Commercial Code Commentary is brought to you for free and open access by the Law Journals at Digital Commons @ Boston CollegeLaw School. It has been accepted for inclusion in Boston College Law Review by an authorized administrator of Digital Commons @ Boston CollegeLaw School. For more information, please contact nick.szydlowski@bc.edu.Recommended CitationRichard B. Slosberg and Charles K. Bergin Jr., Article 4: Bank Deposits and Collections, 5 B.C.L. Rev.314 (1964), http://lawdigitalcommons.bc.edu/bclr/vol5/iss2/10BOSTON COLLEGE INDUSTRIAL AND COMMERCIAL LAW REVIEWARTICLE 4: BANK DEPOSITS AND COLLECTIONSSECTION 4-404. Bank Not Obligated to Pay Check More ThanSix Months OldA bank is under no obligation to a customer having a checking ac-count to pay a check, other than a certified check, which is presented morethan six months after its date, but it may charge its customer's accountfor a payment made thereafter in good faith.ANNOTATIONtHARTSOOK V. OWENS— Ark —, 370 S.W.2d 69 (1963)Decedent died intestate on July 13, 1961, and in November of thatyear, petitioner filed a claim against the estate of decedent in the amountof $1050, based upon a check that had purportedly been given by thedecedent to petitioner on December 20, 1960, in part payment for farmmachinery as was noted on the check. The administratrix disallowed theclaim, but the probate court allowed the claim, although the parties'evidence conflicted as to the validity of the signature on the check.On appeal, the administratrix claimed that the check had become anullity because the petitioner failed to cash it within six months after itsdate. This contention was based upon an Arkansas statute as well as thenot then effective UCC Section 4-404, both of which relieve the bank of theduty of cashing checks more than six months old. The court affirmed thelower court, holding that the effective statute and Section 4-404 wereadopted for the protection of banks and do not have the effect of ex-tinguishing a valid obligation merely because it is more than six monthsold. The court further noted that where there is conflicting evidencerelating to the genuineness of the signature on a check, it was its duty toleave the probate court's finding undisturbed.COMMENTAlthough not mentioned by the court, under the Code the burden ofproving the genuineness of the decedent's signature on an instrument wouldnot be changed under Section 3-307. The presumption of the authenticityof the signature on an instrument does not extend to that of one who hasdied prior to the requirement of proof.C.K.B. JR.ARTICLE 6: BULK TRANSFERSSECTION 6-105. Notice to CreditorsIn addition to the requirements of the preceding section, any bulktransfer subject to this Article except one made by auction sale (Section* Code construed but did not govern the case.314

Article 4: Bank Deposits and Collections

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