Additionally, Oklahoma statutes and case law provide that a check is not an assignment of funds held by the drawee and fixes no liability on the drawee until its accepts or pays an instrument. 12A O.S.A. 3-409(1); Mid-Continent Cas. Co. v. Jenkins, 431 P.2d 349 (Okl. 1967); First Nat'l Bank v. Whitelock, 181 Okl. 431, 74 P.2d 355 (1937). Next appellant asserts that appellee adopted an order of payment that ignored first-in-first-out, and argues that appellee should be liable as a result.
00 check drawn payable to Jenkins and Bank was not an assignment of the funds involved. The basis for this argument is that under statutes and decided cases, a check is not an assignment of funds held by the drawee and available for payment, and fixes no liability on the drawee unless and until it accepts the instrument or pays same. First National Bank, etc. v. Whitelock, 181 Okla. 431, 74 P.2d 355; 48 O.S. 1961 § 406[48-406]. We note that this section of the statute was repealed effective December 31, 1962, after this cause of action was asserted.