Rivera de Rivera v. Banco Crédito y Ahorro Ponceño

86 P.R. 740
CourtSupreme Court of Puerto Rico
DecidedDecember 14, 1962
DocketNo. 241
StatusPublished

This text of 86 P.R. 740 (Rivera de Rivera v. Banco Crédito y Ahorro Ponceño) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rivera de Rivera v. Banco Crédito y Ahorro Ponceño, 86 P.R. 740 (prsupreme 1962).

Opinion

Mr. Justice Dávila

delivered the opinion of the Court.

As a result of defendant bank having honored certain postdated checks, plaintiff’s current account had insufficient funds to cover the amount of other antedated checks presented for collection and which were not therefore honored. Plaintiff alleges that this injured his credit. Together with his wife he brought an action for damages. The trial court awarded him $10,000 plus $600 for attorney’s fees. We decided to review this judgment.

Section 13 of the Uniform Negotiable Instruments Act — 19 L.P.R.A. § 13 (1961 ed.) — expressly recognizes the validity of a postdated check. That precept provides that “the instrument is not invalid for the reason only that it is antedated or postdated, provided this is not done for an illegal or fraudulent purpose. The person to whom an instrument so dated is delivered acquires the title thereto as of the date of delivery.” Prior to the adoption of the statute by the Uniform Laws Conference in 1896, the validity of postdated checks was upheld. Andrew & Wilson v. Blackly & Simpson, 11 Ohio St. 89 (1860); Mohawk Bank v. Broderick, 13 Wendell 131 (N.Y. 1834); BRECKENRIDGE, The Negotiability of Postdated Checks, 38 Yale L. J. 1063 (1929).

Characteristic of a check is that it is payable on demand. It is so established by § 186 of the Negotiable Instruments Act — 19 L.P.R.A. § 362 (1961 ed.) — Álvarez v. National City Bank of N.Y., 46 P.R.R. 82 (1934). The fact that the check is postdated does not alter the situation. It is payable on demand as of the day of its date. Wright v. Bank of America, 176 Cal. App. 2d 176, 1 Cal. Rptr. 202, 76 A.L.R.2d 1293 (1959); State v. Brookshire, 329 S.W.2d 252 (Mo. 1959); State v. De Nicoca, 126 N.E.2d 62 (Ohio 1955); State v. Taylor, 73 S.W.2d 378 (Mo. 1934); Kuflick v. Vac[742]*742caro, 170 N.Y. Supp. 13 (1918); American Agricultural Chemical Co. v. Scrimger, 100 Atl. 774 (Md. 1917); Symonds v. Riley, 74 N.E. 926 (Mass. 1905). Since postdated checks are payable as of the day of their date, if a bank pays them before that date it does so at its peril and can not charge payment against the drawer's account. Smith v. Maddox-Rucker Banking Co., 68 S.E. 1092 (Ga. 1910); Crawford v. West Side Bank, 2 N.W. 881 (N.Y. 1885); 5A Michie, Banks & Banking 431, § 169 (1950 ed.); Annotation: “Bank’s Liability for Paying Postdated Check,” 76 A.L.R.2d 1301 (1961); Comments, “Post Dated Checks,” 29 Yale L.J. 321 (1920). In order to avoid the consequences of premature payment, some banks include in current contracts clauses relieving them of liability in the event a check is paid before the day of its date.1 Kalish v. Manufacturers Trust Co., 191 N.Y.S.2d 61 (1959); Montano v. Springfield Gardens Nat’l Bank, 140 N.Y.S.2d 63 (1955); In re Rousos Will, 91 N.Y.S.2d 551 (1949); Chase Nat. Bank of City of N.Y. v. Battat, 78 N.E.2d 465 (1948); Pyramid Musical Corp. v. Floral Park Bank, 48 N.Y.S.2d 866 (1944). The Act expressly provides that there is no liability when the drawer pursues a fraudulent purpose in postdating the check. Negotiable Instruments Act, § 13 — 19 L.P.R.A. § 13— (1961 ed.) — Republic Life & Accident Ins. Co. v. Hatcher, 51 S.W.2d 922 (1932).

Having established that the bank could not charge against plaintiff's account the payment of postdated checks, the inescapable conclusion is that it incurred liability in refusing to pay other checks presented for collection and which were not honored for insufficiency of funds. Maymi v. Banco Popular, 63 P.R.R. 515 (1944); Ríos v. National City [743]*743Bank, 51 P.R.R. 473 (1937); Smith v. Maddox-Rucker Banking Co., supra.

We turn to consider the other questions raised. In the first place, the challenge of the trial court’s determination to the effect that “as a result of the bank’s refusal to honor the six checks, several firms from which plaintiffs purchased on credit for their business limited or closed their credit. As a result of this the business declined to such an extent that plaintiffs were forced into bankruptcy late in 1958 with a debt of over $36,000.”

Let us analyze the evidence introduced. Plaintiff’s current account in defendant bank revealed overdrafts on May 18, 1956 for $221.69; on June 18 for $330.25; on July 2 for $54.62; on July 20 for $4,286.57; on September 11 for $321.56; on October 23 for $107.97; on December 20 for $292.30; on December 24 for $528.20; on December 26 for $809.15; on January 18, 1957 for $87.78; on January 24 for $32.20; on January 28 for $20.80; on March 4 for $1,188.93. The documentary evidence therefore establishes that defendant bank consistently honored the checks drawn by plaintiff Nicomedes Rivera though there were not sufficient funds in his account to cover payment. From May 18, 1956 until March of the following year, defendant bank on 13 different occasions paid checks drawn by plaintiff notwithstanding he had no funds to cash them. This fact, in addition to establishing that the bank co-operated effectively with plaintiff facilitating payment of the checks drawn, shows, in the absence of justification, that the financial condition of plaintiff’s business was not satisfactory. On December 19, 1956, the balance of the account was $16.36 and the bank honored all the checks presented for collection up to December 27, the amount overdrawn aggregating $809.15.

The incident of the returned checks occurred in March 1957. After the action was brought on February 14, 1959, two witnesses appeared and testified before Superior Judge [744]*744Romero. One of the witnesses was the accountant of the Royal Bank of Canada, Mayagüez Branch, who identified the signature on a letter which that bank wrote to plaintiff informing him that the check sent by him for credit to a promissory note was returned with the note “Refer to drawer.” That letter further informed him that they ignored “the reason for returning the same and we urge you to make the arrangements necessary with your bank in order that the check be honored on further demand.” The check referred to in the letter was one of those which defendant bank refused to pay. However, this same witness testified that in 1959 the promissory note, which was payable on demand, had not been paid off and that plaintiff was making partial payments. Yet, since it was a document payable on demand, the bank could have required payment thereof immediately after the incident of the check, but did not do so and continued to accept partial payments. Truly, plaintiff’s credit in this institution was not affected.

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Related

Wright v. Bank of America National Trust & Savings Ass'n
176 Cal. App. 2d 176 (California Court of Appeal, 1959)
State v. Brookshire
329 S.W.2d 252 (Missouri Court of Appeals, 1959)
Republic Life & Accident Insurance v. Hatcher
51 S.W.2d 922 (Court of Appeals of Kentucky (pre-1976), 1932)
American Agricultural Chemical Co. v. Scrimger
100 A. 774 (Court of Appeals of Maryland, 1917)
State v. Taylor
73 S.W.2d 378 (Supreme Court of Missouri, 1934)
Chase Nat. Bank of City of New York v. Battat
78 N.E.2d 465 (New York Court of Appeals, 1948)
Pyramid Musical Corp. v. Floral Park Bank
268 A.D. 783 (Appellate Division of the Supreme Court of New York, 1944)
Montano v. Springfield Gardens National Bank
207 Misc. 840 (Appellate Terms of the Supreme Court of New York, 1955)
Smith v. Maddox-Rucker Banking Co.
68 S.E. 1092 (Court of Appeals of Georgia, 1910)
People ex rel. Dikeman v. President & Trustees of Brooklyn
13 Wend. 130 (Court for the Trial of Impeachments and Correction of Errors, 1834)
In re the Estate of Rousos
195 Misc. 959 (New York Surrogate's Court, 1949)
Kalish v. Manufacturers Trust Co.
18 Misc. 2d 958 (City of New York Municipal Court, 1959)
Symonds v. Riley
74 N.E. 926 (Massachusetts Supreme Judicial Court, 1905)

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Bluebook (online)
86 P.R. 740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rivera-de-rivera-v-banco-credito-y-ahorro-ponceno-prsupreme-1962.