Written by attorneys · grounded in primary & secondary sources — see below
A person who signs a draft or check directing the drawee to pay the instrument to the payee.
Sources & Authorities· 17 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Drawer Signs Check After False Assurance
Doris Duffy signed a check as drawer directing her bank to pay Desert Oil for equipment. She had reviewed records showing prior defects yet assured the seller the funds would clear without issue to induce delivery. The seller later discovered the defects and sought to rescind the underlying deal.
Drawer Issues Draft With Known Inaccuracy
Diane Dawson drew a draft on Duarte Shipping payable to a supplier. She lacked any basis for claiming the goods met specifications yet presented the draft to close the sale. The supplier relied on the instrument and later claimed pecuniary loss from the defective shipment.
Diego Duarte signed a check as drawer and delivered it to a creditor to transfer enforcement rights. The delivery gave the recipient authority to present the instrument directly to the bank. The creditor then enforced the check against the drawee bank.
Drawer Makes Material Statement in Note
Dominic Drake drew a draft promising payment and stated the collateral value exceeded the debt amount. He knew the valuation would likely induce the lender to accept the instrument. The lender later sought to avoid the transaction after discovering the true value.
Drawer Relies on Prior Misrepresentation
Dolores Diaz drew a check relying on an earlier assurance from the payee about account balances. The payee had made the assurance in a prior transaction knowing Diaz would use it again. Diaz suffered loss when the check was dishonored due to the false information.
Drawer Executes Release of Duty
Dustin Donovan drew a draft and later signed a writing releasing the payee from further obligations under the underlying contract. The release discharged the duty immediately upon delivery. The payee then treated the instrument as fully satisfied.
Common questions
Frequently Asked
4
Who is the drawer on a check?+
The drawer is the person who signs the check in the lower right corner and orders the bank to pay the stated amount.
Supporting sources
What liability does a drawer have on a check?+
The drawer is secondarily liable and must pay only if the drawee bank dishonors the check after proper presentment.
Supporting sources
How does a drawer differ from a maker?+
A drawer orders a third party to pay while a maker promises to pay directly on a note.
Supporting sources
When is the drawer discharged from liability?+
The drawer is discharged when the instrument is paid, accepted, or released by a writing meeting the requirements of a release.
Supporting sources
32 N.J. 358, 161 A.2d 69 (1960)Torts
…The particular importance of this advance resides in the fact that under such circumstances strict liability is imposed upon the maker or seller of the product. Recovery of damages does not depend upon proof of negligence or knowledge of the defect. Simon v. Graham Bakery, supra ; Tomlinson v. Armour & Co. , 75 N. J.…