Register to get FREE access

UCC 3-408(1) provides that: A check or draft does not of itself operate as an assignment of any funds in the hands of the drawee available for its payment, and the drawee is not liable on the instrument until he accepts it. See Malloy v. Smith, 265 Md. 460, 290 A.2d 486 (1972), in which the Court of Appeals, by way of dictum, observed that a personal check cannot be the subject of a gift causa mortis. Referring to § 3-408(1) the Court explained:    The point is, of course, that when the donor uses his own check to make the gift, ...