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GILBART Lectures—

Relations between common law and the customs of trade
Consideration for a bill, Evidence of

Guarantees

Crossed Cheques, meaning of the term "Customer"

GOVERNMENT BANK STATEMENTS.

See Bank Statements.

Notice of Dishonour

PAGE

I

242

367

260

246, 254

INCORPORATION, CANADIAN BANKERS' ASSOCIATION, of-See

Canadian Bankers' Association.

INSOLVENCY ACT, A Dominion. Prize Essay

LEGAL-

Cheque, Crossed, payment of, received by banker in good
faith and without negligence-protection afforded by sec.
82, Bills of Exchange Act

LEGAL DECISIONS AFFECTING BANKERS-

Appropriation of Payments. (The Crown v. The Hon. A. W.
Ogilvie)

Appropriation of Payments. (Mutton v. Peat)

Bill of Sale, moneys secured by a, made payable
before" a certain date (De Braam v. Ford)

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93, 129

301

45, 71
175

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Cheque certified, Right of bank to cancel when the cheque
has not passed out of the drawer's hands. (Rankin v. Colonial
Bank)
Cheque, Crossed. Meaning of term "customer."
." (Great
Western Railway Co. v. London & County Banking Co.)
Cheque sent by mail. (Baker v. Lipton)
Debentures, Loan Co.
Co.)
Dividends, Payment of, out of the annual profits, when no
allowance was made for bad debts, does not amount to pay-
ment of dividends out of capital. (National Bank of Wales)
Fraudulent preference, depends not upon the mere fact of
preference, but also on the intention of the person who made
it. (Sharp, Official Receiver v. Jackson and others).

Prior lien on assets. (Farmer's Loan

Guarantee. See Appropriation of payments.

Guarantee, Liability of an insolvent guarantor in regard to
unmatured notes. (Clapperton v. Mutchmor)

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Insolvent. Appropriation by Bankers of security lodged by
Brokers as collateral, (Mutton v. Peat)

Insolvent collecting agent, following moneys in hands of,
(Mutton v. Peat)

Loan Co. Prior lien on assets, See Debentures.

394

65, 173, 179
63

44, 79

49

46

172, 186

175

174, 175

Note, endorsed before delivery to payee. (Jenkins v.

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Stock Certificates with power of attorney to transfer endorsed
in blank. (Smith v. Rogers).

174, 188

MINT, a Canadian

MONEY DEVIL

NOVA SCOTIA Act respecting Assignments and Preferences.
F. H. Bell

PAGE

93

284

227

270

OPENING A BRANCH BANK

PROTECTION AGAINST ROBBERY. Prize Essay :

PRESIDENT OF CANADIAN BANKERS' ASSOCIATION,
Address of

ANNUAL

109

108, 139

QUESTIONS ON POINTS OF PRACTICAL INTErest-
Acceptance or cheque signed for a firm by an Attorney, pre-
sented after Attorney's death.

Agents, collecting, responsibility of banks for. See Collecting.
Amount in figures different from that in body of draft
Assignments of goods. See Security.

Attorney, Acceptance of draft by. Draft presented after
attorney's death

293

393

Bank Holidays, Legal

Bank Money Orders

Bank Notes, issued in excess of paid-up capital. Circulation
Redemption Fund

Bank Statements, Government. Loans to directors and their
firms

Bank Stock, right of Executors to invest in new issues.
Bill. See also Acceptance, Cheque, Draft, Note.

Bill accepted by two drawees, right of bank at which bill is
domiciled to charge it to the account of one of the Acceptors
Bill at three months, neglect of collecting agents to present for
acceptance until near the date of maturity
Bill drawn payable at one bank and accepted payable at another
Bill drawn to mature 31st October (including grace), accepted

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Bill of Exchange, accepted, with bill of lading attached, goods
not up to sample

Bill drawn payable "two and one-half months after date "
Bill of Exchange payable to a married woman in Province of
Quebec.

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Bill, Sterling, payable at "the current rate of exchange"

Bill drawn under letter of credit, payable at the current rate
of exchange for 60 days' bills.

Bill, Protest of. See Protest.

Bill, Power of Attorney to accept, signed by an Attorney

Cheque, Amount in figures only

Cheque cashed by branch of a bank other than the branch

on which it was drawn

Cheque certified "good for two days only

Cheque, Certified. Right of drawee bank to refuse payment

on the drawer's instructions.

Cheque Crossed "Duplicate

Cheque, Marked. Raised subsequent to its Certification

Cheque marked before hours

Cheque offered for deposit dated one year back

293

165

167, 299

163

170

162

295

154

34-157

161

390

166

158

287, 290, 299

37

300

293

160

41, 298

156

292

34

293

291

PAGE

Cheque or acceptance signed by an attorney, presented after
attorney's death

Cheque, presentment for payment. Due diligence

Cheque received from customer on deposit with prior
endorsement forged

Cheque sent for collection and lost in mails

Cheque, Stop payment of a marked.

Cheque to bearer" drawn on outside point. Bank's right
to refuse negotiation without endorsement

Cheque to order-Right of drawee bank to demand endorse-
ment of payee

"without recourse"

Cheque to order, endorsed by the payee
Cheque, payable to order of a failed firm
Cheque in favor of John Smith, collector of customs, endorsed
by the assistant or acting collector. See Endorsement
Cheque payable to "Sam Jones." Identity of payee
Cheque, undated and post dated

Cheque, unmarked, received on deposit by the bank on which
it is drawn. Right to recover on finding that there are no
funds

Circulation Redemption Fund. Over issues of banks. See

Bank Notes

Collateral security, insurance policies as. See Insurance
Collecting agents, responsibility of banks for

Company's account operated by agent. See Principal and
Agent

Companies, Joint Stock, Powers of Officers

Copies, Press v. Carbon

Debentures held by bank as collateral security. Neglect to

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293

160

166

35, 160

39

288

37

167

163

37
296

333

4I

390

292

169

Debentures issued without coupons

392

Deceased depositor. See Depositor

Deposit in name of A B for "CD"

Right of "A B's"

creditor to garnish the money

162

Depositor deceased, funds of a society at credit of

168

Depositor, right of bank to hold funds at credit of, against
unmatured obligation

163

Draft. See also Acceptance, Bill, Note

Draft with bill of lading attached, negotiated by a bank.
Recourse against bank if goods not as ordered
Draft, demand, with bill of lading "for payment

156

"attached.

Goods delayed in transit

167

Draft with the amount in figures different from that in the body

393

Endorsement by Assistant Collector on cheque payable
"John Smith, Collector"

157

Endorsement on cheque payable to order, right of drawee bank
to demand. See Cheques

Endorsements, stamped

Executors, authority to give renewal of a note made by
testator. See Note.

Executors, right of, to invest in new issues of bank stock. See
Bank Stock.

Express Co. Delivery of money parcel tendered after bank-
ing hours

Forged endorsement. See Cheque

291

391

Garnishment, writ of, served on the maker of a note by a
creditor of the original payee

Guarantee written on a note

Insurance policies as collateral security

Interest, note payable with, failure of bank to collect interest.

PAGE

38

296, 98

38, 290

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Marked cheque, raised subsequent to certification. See
Cheque

Marked cheque, stop payment of. See Cheque

Married woman in Province of Quebec, bill payable to
Money Orders, Bank. See Bank

158

Money parcel, delivery of, tendered by Express Co. after
banking hours

391

Notarial charges

Notes and acceptances charged to a customer's savings bank
account at maturity without special authority

392

40

289

161

Notes embodying a contract respecting shares lodged as
security for payment

Note. See also Acceptance, Bill, Cheque, Draft

Note endorsed by maker who assigns for benefit of creditors
Note form with engraved figures 189- Alteration to 1900
Note, hour at which it may be protested. See Protest
Note in favor of a bank, no place of payment specified
Note, joint and several, charged after maturity to the account
of one of the makers-Rate of interest chargeable for time
overdue

Note, joint and several, presented at the bank where it is pay-
able and where one of the promissors has an account in
funds

Note, maker deceased, Executors' authority to renew
Note of deceased depositor, Bank's right to hold funds against.
See Depositor.

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Note payable on or before" 1st July

Note payable with interest - Failure of bank to collect interest
Note, request for payment sent to maker in unsealed envelope.

Partner, surviving-right to operate firm's bank account
Partnership, non-trading. Liabilities of partners
Pass Books, current account and savings bank
Pledges of Goods. See Security

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Power of Attorney to accept a bill, in favor of bank manager.
Omission to accept

Power of Attorney to accept bills, signed by an attorney. See
Bill

Principal and Agent. Account of company operated in the
name of company's agent

158

295, 296

Protest of bills

Protest. Error in notice as to place of presentment
Protest. Hour at which note may be protested

Raised Cheque. See Cheque

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Security by way of Warehouse Receipt acquired for an over-
draft without a "written promise'

Security, promise to give, under Sections 73, 74 and 75 of the
Bank Act

Security under the Bank Act, procedure necessary in connec-
tion with goods held as security offered for sale
Security under Section 68 of the Bank Act
Securities under "Section 74 of the Bank Act

Sterling Bills.

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Sterling Bills, Conversion of into Currency

Stock of a Bank. Right of Executors to invest in new issues.

See Bank Stock.

Stop payment of marked cheque. See Cheque

Trust Companies

388

289

35

389

389

389

389

296, 390

153, 286

169

Unmarked cheque. See Cheque

Vessel, liability of owner of, for cost of cargo purchased by

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Warehouse receipts, description of place where goods are
stored

Warehouse Receipt, form of

Warehouse Receipt security acquired for an overdraft

without a "written promise." See Security.

165
39

ROBBERY, Protection against. See Protection

STOCKS AS SECURITIES. Z. A. Lash, Q.C..

TAXATION OF BANKS

TAXATION OF CORPORATIONS in Ontario. James Mavor

THOMAS, WOLFERSTAN, The late

TRADE RETURNS, Canada

.

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