A check or other draft does not of itself operate as an assignment of funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until the drawee accepts it.

Annotations

Under former section 3-409, petition alleging that a bank had agreed to pay a check, and that bank's representation to holder should have been reasonably expected to and actually did induce forbearance by holder as to any legal rights which were available against drawer, stated a cause of action. Bigger v. Fremont Nat. Bank, 215 Neb. 580, 340 N.W.2d 142 (1983).

Under former section 3-409, there exist separate bases of liability of drawee banks which arise apart from the check itself, including the doctrine of promissory estoppel. Bigger v. Fremont Nat. Bank, 215 Neb. 580, 340 N.W.2d 142 (1983).

Under former section 3-409, a check, in the absence of special circumstances, is not a legal or equitable assignment of drawer's funds in the hands of the drawee and gives the holder of the check no right of action against the drawee, even though the drawer has on deposit sufficient funds to pay it. Galyen Petroleum Co. v. Hixson, 213 Neb. 683, 331 N.W.2d 1 (1983).