BATAAN CIGAR V. CA
230 SCRA 642
FACTS:
Bataan Cigar has engaged one of its suppliers, George King, to deliver bales of tobacco leaves. Petititoner then issued postdated crossed checks in favor of King. This was continued despite the failure to deliver the bales. Simultaneous to these transactions was the discounting of King of the checks to State Investment House. Bataan then stopped payment and SIHI tried to collect.HELD:
The negotiability of the check isn’t affected by it being crossed, whether specially or generally. It may be legally negotiated from one person to another as long as the one who encashes the check with the drawee bank or if its specially crossed, by the bank mentioned between the parallellines.
Jurisprudence provides the following effects of crossing a check:
1. The check may not be encashed but only deposited in the bank
2. The check may be negotiated only once—to one who has an account with a bank
3. The act of crossing the check serves the warning to the holder that the check has been issued for a definite purpose so that he must inquire if he has received the check pursuant to that
purpose, otherwise, he is not a holder in due course.
The check should placed the holder in inquiry and upon him devolves the duty to ascertain the indorser’s title to the check or the nature of his possession. Failing in this respect, the holder is declared guilty of gross negligence amount to legal absence of good faith.
In the present case, petitioner’s defense in stopping payment is as good to SIHI as it is to King because really the consideration for the checks were the delivery of the bales of tobacco leaves which King failed to do. There being failure of consideration, SIHI is not a holder in due course.