Now here’s a situation you run into all the time. You notice how when you’re leaving someone, they give you a message to give to someone else? Like they say, “Give my love to Klaus. Tell Klaus Rebecca sends her love.”
(For the moment, assume she’s done this in writing, as drafts have to be in writing. Rebecca has written Pay to the order of Klaus my love, and signed it appropriately. You’re playing the part of the bank where Rebecca deposits her love.)
Rebecca has created a draft–that is, an order specifying that you (the Bank of Love) are to deliver to Klaus, upon demand, Rebecca’s love.
Do you mind that? Do you mind being used that way? Do you mind the awesome responsibility of having to carry Rebecca’s love to Klaus?
That’s what happens when you go into the banking business. Deal with it.
Suppose you don’t see Klaus? What’re you gonna do with Rebecca’s love? Carry it around? Give it to someone else, maybe?
Doing so would be contrary to the draft order: Rebecca’s love is payable only to Klaus, unless Klaus orders otherwise (by endorsement). The disbursement order is Klaus’s to specify.
“Wilhelm! I can’t find Klaus, here’s some of Rebecca’s love.” Suppose Wilhelm doesn’t know Rebecca? Can he legally accept her love? Especially when it was originally intended for Klaus? Suppose you give Wilhelm Rebecca’s love for Klaus and then you see Klaus, what’re you gonna give him? All you had was Rebecca’s love and you’ve already gone and given that to Wilhelm!
You, the bank, have improperly disbursed Rebecca’s love. You are responsible for honoring Rebecca’s order that you give her love according to Klaus’s instructions. Assuming, arguendo, that love is fungible, you’ll have to make delivery to Klaus (or his endorsee) from your own reserves.
Can you logically ask Wilhelm to give back Rebecca’s love to Klaus? Maybe he’s gotten used to it by now. Can Klaus sue Wilhelm? Can Wilhelm be arrested? Can you be arrested for transporting love across a state line?
Klaus has no claim against Wilhelm. Klaus can demand that you make delivery, though. In good news, you don’t have to worry about the state lines issue.
All right, just for the sake of argument, let’s leave Wilhelm out of this altogether. Suppose Rebecca gives you her love to give to Klaus and you do see Klaus, what form should the love take? Can you risk giving Klaus a tongue kiss?
A draft has to be of fixed sum; it will contain the terms of payment.
Which brings up another problem; maybe Klaus is gay. Klaus doesn’t want Rebecca’s love; Klaus wants Wilhelm’s love! If Klaus tells you to give his love to Wilhelm, say, “Bullshit, Klaus! You give your own love to Wilhelm! I’m going to find Rebecca!”
Be very careful in screening your customers! You, the drawee, are bound to honor the drawer’s draft, whether or not you like the payee….
(Source: George Carlin’s “Love and Regards,” from Playin’ with Your Head. Transcript from http://www.madmusic.com/song_details.aspx?SongID=21860.)
Carlin was one of the greats.