165.031. Lost or destroyed check, duplicate to issue, when. - Missouri Statutes

Lost or destroyed check, duplicate to issue, when.

165.031. If a check issued by any school district in thisstate is lost or destroyed and satisfactory proof of the loss ordestruction is made to the board of the school district which hasissued the check, and the depositary upon which the check wasdrawn certifies that the check has not been presented forpayment, the board of the district may cause to be issued aduplicate check of like number, date and amount, in favor of thepayee named in the original check. The words, "this duplicate,the original unpaid", shall be inserted in the check after thename of the payee and the board immediately shall cause thedepositary to be notified of the issue of the duplicate and thedepositary shall pay the duplicate, but not the original, whenpresented for payment under the conditions which would haveentitled the original to payment. The applicant for theduplicate check also shall execute and deliver to the treasurer abond payable to the school district in the amount of the checkwith good and sufficient security to be approved by the treasurerand conditioned that the applicant will indemnify the schooldistrict, or any legal holder of the original check, for any losswhich occurs in case the original check is produced or presentedfor payment. The bond may be enforced by suit in the name ofobligee to its own use or to the use of the party entitled to thebenefit thereof. Any municipal corporation or other politicalsubdivision of the state to which, or to whose fiscal officer,any original lost or destroyed school check was payable, pursuantto resolution of its governing body, may execute the bond, and insuch cases the bond may be accepted without surety or othersecurity.

(L. 1963 p. 200 § 6-3, A.L. 1973 H.B. 232, A.L. 1977 S.B. 111 & H.B. 130)

(Source: RSMo 1959 § 165.113)