Arbitration and Award—Judgment—Appeal.—In arbitration proceedings, the code does not permit a separate appeal from the judgment entered on the award, even though the entry occurs after a decision on a motion to vacate made under sections 1287 and 1288 of the Code of Civil Procedure, as the only appeal allowable is from the decision on the motion.

Id.—Unqualified Submission op Controversy—Setting Aside op Award.—An award made upon an unqualified submission will not be set aside on the ground that it is contrary to law, unless error appears on the face of the award and causes substantial injustice.

Id.—Submission on Terms—Bule.—A different rule obtains where the arbitrators are required by the terms of the submission to determine the rights of the parties according to law, as in such a case a failure to so determine is sufficient ground to avoid the award.

Id.—Entry op Submission Agreement as Court Order—Arbitrator not Judge Pro Tempore.—An agreement that a submission to arbitration shall be entered as an order of court under section 1283 of the Code of Civil Procedure does not make the arbitrator a judge pro tempore of the superior court under section 8, article VI, of the constitution, as amended.

Id.—Beview op Award—Appeal—Sufficiency op Evidence.—Upon an appeal taken in an arbitration proceeding, the sufficiency of the evidence to sustain the award will not be reviewed, unless otherwise provided by the terms of the submission agreement, as the provisions of section 1287 of the Code of Civil Procedure do not authorize the appellate court to consider the weight of the evidence or to overrule the arbitrator where he has drawn reasonable inferences from the facts proven.

Id.—Payment of Indebtedness by Checks—Deposit With Payee by Collecting Bank—Giving of Credit—Discharge of Drawer.— Where a railroad corporation in good faith draws checks upon a bank in which it has money on deposit and delivers them to a construction company in payment of an indebtedness, and the latter company indorses the cheeks to another bank for collection, but the latter bank, instead of cashing them, deposits the checks in the bank upon which they were drawn and in which the bank kept a deposit account, and takes credit for the amount thereof for its own purposes, the railroad company is exonerated, even though the drawee is insolvent.

Id.—Credit for Check—Payment.—A credit given for the amount of a check by the bank upon which it is drawn is equivalent to and will be treated as payment thereof.

Id.—Knowledge of Insolvency of Drawee—Officer of Bank—■ Notice not Imputable to Drawer.—Knowledge of the insolvency of the drawee cannot be imputed to the drawer by reason of the fact that the president of the drawee was also treasurer of the drawer, where such officer had no control of the money of the drawer, and the duties as treasurer gave him no knowledge of such insolvency.

Id.—Deposit of Check With Drawee—Credit of Depositor—Lack of Novation Between Drawer and Drawee.—The delivery of a check to a payee, who indorses it to his bank for collection, and which the bank in turn deposits to its credit with the drawee, is not a novation, as to drawer and drawee.

Id.—Delay in Presentment of Check—Exoneration of Drawer— Bule When Inapplicable.—The provision of section 3255 of the Civil Code exonerating drawers of checks from liability applies only where there has been delay in presentment, and not to cases in which a cheek has been presented to the drawee and its credit accepted in lieu of cash.