LAW For Laypersons (Written by Charles E. Friend, Professor of Law, Campbell College School of Law for the North Carolina Academy of Trial Lawyers and distributed as a public service. I CHECKS. Part I Most of us write checks almost every day. Our biggest problem with them is either getting our checking account to agree with the monthly bank statement or keeping enough money in our account to pay the checks we write. Although we often take them for granted, checks are not as simple as we might think, and a good deal of complicated law has grown about them. Suppose you used a check to pay for a Whimmydiddle which you ordered through the mail. You signed your check drawn on your hometown bank and made it payable to the order of Whimmy aiaaic suppliers, inc.. the seller. Ordinarily, you would receive the Whimmydiddle in the mail a week later and at the end of the month find your cancelled check in the statement mailed to you by your bank. Instead of receiving the Whim mydiddle by mail, wouldn't you be surprised if the president of Whim nndiddle Suppliers. Inc.. appeared a week later on your doorstep, gave you the Whimmydiddle. and then presented you with your uncancell ed check, saying. "I have come to get payment on this check which you wrote to my company." In your surprise, you might begin to think whether you had enough money in the house to pay the check in cash. If you had a chance to think about it . however, you would probably tell him in a rather heated manner that IT REALLYWORKS. HELP It jjL WORK. T J.H. AUSTIN INSURANCE SINCE 1950 AUTO ? FIRE? LIFE CASUALTY 114 W. Edinborough Avenue Phone 875-3667 ?flRRITy LIFELITE DISPOSABLE FLASHLIGHT A gift youli want for yourself aves 15 hours of ight with a 3 battery system High intensity Beam high impact case completely sealed Cnoice of colors 1-year guarantee LIMITED QUANTITIES #1656B 119 ajootox S AVE GAS - TUNE UP WITH CHAMPION SPARK PLUGS QUILTED VEST Aheart-and-Oody warming gift idea >1502 100% nylon with 9-ounce Dacron polyester fill Stand up collar, snap front 2 large pockets Navy with colorful emttems M. L. XL LIMITED QUANTITIES WW***, *rtV? ? STEREO AM/FM 8-TRACK OR CASSETTE WITH QUARTZ CLOCK :acn wttn led ... 1277 Eacti digital display and integrated quartz clock For U S cars and imports Cassette has elapsed time memory 12 watt stereo 8 track 10 watt stereo LIMITED QUANTITIES YOUR CHOICE GIFT CERTIFICATES Available at most locations. Ask your CARQUEST counterman DIGITAL DHHM.AY 16988 1 CAROUBST RAINCHECK POLICY . Every CAROuEST SOeciai IS ? Dona Hat offer if wr sell out of in Wvernseo item or fan to rece?ve tne mercnanase we win issue a ?Raincnecit" enntlrvj vou to trie late or ice Ratncnectts ao not aDOiv to items statea as cetng m ?miteo ouanntv we reserve tne rigi-it ro substitute items of eouat or oerter value in the event tnat our stocks of aaver nsed loeciats oecome oetxeteo 1980 CHILTON AUTO REPAIR MANUAL The manual every do-it-yourselfer needs or uses Shows how to repair an u s cars since 1973 Thousands of crisp clear illustrations #6850 Hawk CHARGING SYSTEM OR ELECTRONIC IGNITION TESTERS Simple * Co-No Go* LED readouts give status of Battery, alternator and regulator - or o> Battery pick up module and coil ah so?o state VISE-GRIP* GIFT SET The locking piers the pros use 5' and K) sires with curved jaws bunt-in wire cutter easy release lever NATIONALLY ADVERTISED ON TV CAROUEST GAS SAVER TIPS/^ Booklet explains how to save gas with / St^V auto parts and correct driving habits NO PURCHASE NECESSARY r Good at participating carouest Auto Parts Stores through Dec 31 1979 AUTO PARTS & EQUIPMENT 114 East Elwood Raeford ? 875-4414 you didn't expect him to present the check to you tor payment at all. He should, of course, have gone to your hometown bank and present ed the check for payment there. At the very least, he should have sent the check to his own bank for collection in the usual manner. After all. verv few of us keep enough cash in our homes to pay any of the checks we write. It the president of Whimmvdid dle Suppliers. Inc.. still refused to budge from your doorstep and even threatened to sue you immediately on your check, you need not worry . North Carolina's Uniform Com mercial Code does pro\ide that when you sign a check, you make a promise or contact that the presi dent could enforce against you. The promise, however, is that you will pay the amount of the check only if the check is first presented to your hometown bank, if payment on it is refused, and if you are given timely notice of the nonpayment. Since the president has not even present ed the check t\> the hometown bank to find out if payment is going to be made, he cannot now enforce your promise to pay the check. When you write a check, you arc not promising to pay money to a seller of goods or services. You are. however, ordering your bank to pay the money out of your account at the bank. Your seller cannot sue you on your check until he has been refused payment of the check by your bank and he has given you notice of the nonpayment. "This article is printed us a mutter i >1 general interest only. It is inn to he construed us legal advice, and yon should not rely on the state ments made in the article to govern your actions in any s/teci/ic case. It vi >n haw a particular question or problem, yon should contact an attorney. " Raeford Native Promoted Burlington Industries has an nounced the promotions of James Guin, a native of Raeford, and two other men in area and division positions in Greensboro. Guin, previously personnel manager at the Ramseur plant in Randolph County, has been pro moted to personnel manager tor the spun division of Klopman. Edwin H. Jackson has been pro moted to area personnel executive for the company's Menswear and Industrial Fabrics division's. P.D. Ostwalt has been promoted to per sonnel manager for the Klopman division's textured woven opera tions. succeeding Jackson. Jackson had served in the Klop man division personnel post since F amily Dollar Sales , Earnings Record Family Dollar Stores, Inc.. has reported all time record high sales and earnings tor the fiscal year ended Aug. .11 and tor the fourth quarter of fiscal Sales tor the fiscal year ended Aug. 31 were $151,834,382. re presenting a 29% increase above sales of SI 17.521,340 for fiscal l^S. Net income for fiscal I971) was S"\ 737.303. or 2b?i. above net income of $b. 151. 345 a year ago. and earnings per share were SI. 92 as compared with SI. 54 for fiscal I ?T8. The company also reported that the fourth quarter of fiscal 1974 produced the highest sales and earnings of any fourth quarter in the Company's history. Sales for the quarter ended Aug. 31. reached S42.042.955. with net income ot $2,054,355 or 51 cents per share, as compared to sales of $31,851,385. net income of $l.b55.7()H and earnings per share of 41 cents for the fourth quarter of fiscal 1978. The fourth quarter results mark the I~th consecutive quarter of record sales and earnings on a comparable basis. In releasing the results of opera tions. the board of directors of the company also declared a regular quarterly cash divident on the company's common stock of 10 cents per share payable Jan. 14. 1^80. to holders of record at the close of business on Dec. 13. Leon Levine. chairman of the board, attributed the record results for the year to the company's continuing ability to maintain bud geted profit margins and effectively control costs, while at the same time recording substantial gains in sales. In reporting the record operating results. Levine called fiscal 1979 -? Family Dollar's 20th anniversary year -- the best and most eventful year in the company's history. In addition to the record sales and earnings, the year was high lighted by the opening of 7h new stores, including 40 stores whose leases and merchandise inventories were acquired from another chain in late March, the opening of the first stores in Florida, the increase of cash dividends declared per share of common stock by 29% over the prior fiscal year's divi dends. and the original listing of the company's common stock for trading on the New York Stock Exchange. The company further announced plans to open approximately 35 new stores in fiscal 19X0. to bring the number of stores in operation by Aug. 31 . to approximately 415. Levine noted that such plans are subject to developing economic conditions, including the possible impact on the company of slow downs in consumer spending. In commenting on fiscal 1980. Levine stated that the company was bud geting on a more conservative basis in view of the uncertain outlook for the general economy. As of Nov. 7. the company had opened three stores since Sept. 1 and expects to open an additional 10 stores before Dec. 15. cteal Estate By BOBBY CARTER REALTOR Hoke Realty Company VACATION HOUSE & TAX DEFERMENT Among the benefits of being a homeowner are the unique tax advantages available. One of them to be wary of is the provision which allows you to defer paying income tax on any profit made from the sale of your home if you buy a more expensive one within a certain amount of time. It does not apply in all racoc For example, if you sell a vacation home at a $2,000 profit and promptly buy a much more expensive price, can you defer paying the income tax on the profit? The answer is no! This tax break is available only when both the house sold and the house purchased serve as your principal residence. A vaca tion house doesn't qualify. However, if you owned the dwelling for more than the required time to allow the profit to be taxed as long term capital gains (nine months during calendar year 1977 and one year after that), the $2,000 profit would only be taxes at half the normal rate. If there is anything We can do to help you in the field of real estate, please phone or drop In at HOKE REALTORS. 515 Har ris Ave.. Raeford. Phone: 875-8102. We're here to help! 1976. A native of Gasionia, he joined Burlington after graduation from Catawba College in 1956. He held a number of plant and divi sion positions before joining the Burlington House Fabrics division as personnel manager in 1969. Ostwalt is a native of Iredell County and was graduated from Appalachian State University in 1955. He was in public school education for several years, serving as school principal in St. Pauls I - before joining Burlington in 1959. He held personnel posts in several locations before being named to the Klopman spun division person-^ nel post. * Guin is a native of Raeford and received his bachelor's degree from N.C. State University. He taught high school in Greensboro and joined Burlington in 1970. He was plant personnel manager uu Ramseur prior to being promoted to the Klopman division post. MJT Thursday, December 6. 1979 Read 2 Corinthians 1:3-7 "Lo, I am with you alway. even unto the end of the world." (Matthew 28:20) Mrs. Jones is a very old lady who has lost her only remaining child and now alone in the world. I was trying to comfort her when I remembered a game we had played with our two children when they were small. We had moved to a city far from where the children had friends and relatives. For a while thev could not seem to find friends and felt lost. We started making a list of those we knew loved and missed them. We would say, "Let's count the people you love and those who love you. There's David and Bill and Aunt Ruth.'' We named all wc could and built up to the end with the most important: "best of all, . . f i- iii? God lives you!" The sense of security the children gained by pulling the warm blanket of human love about them and covering it with GodV< love calmed their troubled hearts." Mrs. Jones and 1 played that game. We listed the nurses and the: church circle ladies, then reached; the final point together: "and best; of all. God lives you." She beamed. As I left I realized that God i** the one who will never leave us." | even to the end. PRAYKR.Be with us. Father . so that even when things seem bleak, we can feel Your comforting hand upon us. Amen. THOUGHT IOR I HI DAY ' No one who knows Jesus i^ friendless. -copyright -THi: UPPER ROOM -Mildred J. Speights (Gainesville Georgia) I - w Remember 1973 * Couldn't Get John Deere * Tractors! Order Your Tractors For 1980 Now! 4 Try is we do. we just c.in't keep up with the de mand for John Deere tr.ictors! Most of our trie tors .ire sold before they -ire shipped to us. As .i result some farmers m.iy buy n br.ind X trictor. ^ Don't let this hippen to you Insteid order your John Deere tr.ictors tod.iy1 PARKER EQUIPMENT CO. Hwy. 20 West, Lumber Bridge, N.C. Phone 919-875-5224 Clearly Th? Big Le?de< .. In Largo Row Crop Tractor*1 Hwy. 401 Bypass Laurinburg, N.C. Phone 919-276-8396