As we have heretofore seen,1 the collection does not become complete until the collection is made by the bank crediting to the owner the money realized as so much cash.2 This result may be arrived at either by the collecting bank receiving the money or re-

16 If so instructed it must do so. Finch v. Karste, 97 Mich. 20.

17 Bliss v. Cutler, 19 Barb. 9.

1 Andrews v. Suffolk Bank, 12 Gray, 461. So as to raised paper. National Bank of Commerce v. Manufacturers' Bank, 122 N. Y. 367. But not liable where it acted as agent and has paid over proceeds by crediting. National Park Bank v. Seaboard Bank, 114 N. Y. 28; United States v. American Ex. Nat Bank, 70 Fed. R. 232. If the bank has not paid the proceeds it may correct the mistake. Birmingham Nat. Bank v. Bradley, 103 Ala. 109.

2 Smith v. Essex Co. Bank, 22

Barb. 627. But one case holds that the drawee who gives a check to a collecting bank may sue it for failure to make timely presentment where he pays the collection again. Morris v. Eufala Nat. Bank, 106 Ala. 383.

1 See Sec. 133, ante.

2 See Sec. 133, ante, and Moore v. Meyer, 57 Ala. 20. This is as between the owner and the primary bank. But as between the payer and the owner the collection is complete when he makes payment to the collecting bank, whether it is the primary bank or not ceiving credit from another bank.3 If the collecting bank received something else than cash and credits the amount received as so much cash, the transaction is complete as to the owner of the collection. The collecting bank becomes liable to him as for so much money deposited.4 But the owner may claim the check or draft taken by the collecting bank as his own,5 a fact which has already appeared. If, however, the holder has instructed the collecting bank not to credit him upon collection, but to hold the amount and notify him so that he might withdraw it, some courts recognize that the holder becomes a special depositor, not a general creditor;6 and in reason this is the proper rule.7 But where no specific instruction has been given8 or special agreement made,9 and where no special course of dealing has been had authorizing a different conclusion,10 the proceeds,, as soon as collected and deposited to the credit of the owner of the paper, become a general deposit in the bank,11 but not until then.12 Being then a general deposit, it is subject to all rights which the bank has upon deposits by way of lien, although the bank had a lien upon the paper before.13

3 Com Ex. Bank v. Farmers' Nat. Bank, 118 N. Y. 443; Howard v. Walker, 92 Tenn. 452; Briggs v. Central Bank, 89 N. Y. 182.

4 National Comm. Bank v. Miller, 77 Ala. 168. And see Sec. 176, ante.

5 See Sec. 176, ante, note 5.

6 In re Johnson, 103 Mich. 109; State v. State Bank, 42 Neb. 896.

7 See Sec. 133, ante. This results from the fact that the question of special deposit or general deposit is either one of mere presumption or of actual agreement. If there is an actual understanding resulting from an instruction given, that controls any presumption that would otherwise arise. If, however, the instruction is to collect and hold until called for, a general deposit results, as it would if the instruction was to collect and remit. People v. Merchants' Bank, 78 N. Y. 269. The bank becomes merely a substituted debtor.

8 Such instructions govern. See notes 6 and 7 to this section.

9 See last note. 10 See Sec. 133, ante.

11 Anheuser-Busch Ass'n v. Clayton, 56 Fed. R. 759, 13 U. S. App. 295; In re Bank of Madison, 5 Biss. 515. See Sec. 133, ante.

12Evansville Bank v. Germ. Am. Bank, 155 U. S. 556; Levi v. National Bank, 5 Dili 104; First Nat. Bank v. Bank of Monroe, 33 Fed. R. 408; First Nat. Bank v. Armstrong, 36 Fed. R. 59. In this latter case the court's holding as to mingling is pure dictum,

13 See Sec. 175, ante. There are nubeen held bound by a banking custom to hold the paper for a few days after promise of payment.2 If no demand for payment be made, the bank makes the paper its own and becomes liable therefor.3 It will be assumed, in the absence of proof, if the paper is not protested for non-payment, that the drawers are solvent.4 Ordinarily it will be held for the amount of the paper if it takes something else than money;5 yet its own certificate of deposit may be taken for money if such was the custom.6 Some courts permit the taking of a check as provisional payment, and exonerate the bank if it uses due diligence in collecting the check.7 The bank's ignorance of the law is no defense.8 In addition to making presentation of the paper, the bank must use all the ordinary legal means to secure payment.9 If it has secured the acceptance of a draft, and fails to present it for payment as required by law, it will be none the less liable.10 It must take proper steps to ascertain the place of residence of the party liable on the paper whom it is seeking to charge.11 It has no authority to engage an attorney to bring suit,12 yet if so instructed it must do so.13 Being a fiduciary it cannot