2.99 See Answer

Question: Gentilotti, father of an illegitimate son, drew


Gentilotti, father of an illegitimate son, drew a check for $20,000 in 1969 payable to the son’s order. The check was dated July 1, 1985, but provided on the face of the check that, should Gentilotti die before that date, “this check shall be payable immediately.” Gentilotti issued the check to the son’s mother, the legal guardian. Gentilotti died on July 4, 1980. Despite the available funds, the bank, acting on orders of Gentilotti’s executor, refused payment when the check was presented. The drawer’s executor refused payment on the grounds that the obligation was not due. Was the postdated check valid? [Smith v. Gentilotti, 359 N.E.2d 953 (Massachusetts)]
Principle of Law:
Decision:

2.99

See Answer