As part of the purchase price for a 9,040-acre ranch, Kirby gave Bergfield a $20,000 check drawn on the Bank of Bellevue. Bergfield had her banker telephone the Bank of Bellevue to inquire about Kirby's account balance to be sure that the check was good.
It was learned that there was not enough money in Kirby's account to cover the check. Bergfield continued to hold the check and did not present it to the Bank of Bellevue for payment.
Later, Bergfield argued that the telephone call to the bank was a presentment and demand for payment of the check. Do you agree? Why or why not?
Kirby v. Bergfield, 182 N.W.2d 205 (NE).