The Law Relating to Cheques |
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Page 55
... Lords held ( 1 ) that H. was not a customer ; ( 2 ) that in any case , as the bank gave him cash for the cheque , the bank ... Lord Brampton , 1901 , A. C. at p . 422 , suggested that the collection of a cheque marked " not negotiable ...
... Lords held ( 1 ) that H. was not a customer ; ( 2 ) that in any case , as the bank gave him cash for the cheque , the bank ... Lord Brampton , 1901 , A. C. at p . 422 , suggested that the collection of a cheque marked " not negotiable ...
Page 59
... Lords Justices concurred . In the second case the facts were identical , except that the defendant bank did not require the clerk's indorsement of the cheques paid in , and the judgment the same . The effect of this decision is to ...
... Lords Justices concurred . In the second case the facts were identical , except that the defendant bank did not require the clerk's indorsement of the cheques paid in , and the judgment the same . The effect of this decision is to ...
Page 65
... Lords decided that a holder in due course could only recover 500l . Halsbury , L.C. , at p . 522 , says Young v . Grote must be examined to see " how far it ought to be quoted as an authority for anything , " and he 66 THE RATIO ...
... Lords decided that a holder in due course could only recover 500l . Halsbury , L.C. , at p . 522 , says Young v . Grote must be examined to see " how far it ought to be quoted as an authority for anything , " and he 66 THE RATIO ...
Page 66
... Lords Watson and Macnaghten also think the decision supportable on the ground that the delivery of a blank cheque gives an implied authority to a holder to fill it up for any amount , and they cite Parke , B. , in Robarts v . Tucker ...
... Lords Watson and Macnaghten also think the decision supportable on the ground that the delivery of a blank cheque gives an implied authority to a holder to fill it up for any amount , and they cite Parke , B. , in Robarts v . Tucker ...
Page 67
... Lords Watson and Macnaghten , that the decision turned upon the implied authority of a holder to fill up a blank cheque . Willis , in his lectures ( c ) on negotiable instru- ments , expresses his opinion that the decision cannot be so ...
... Lords Watson and Macnaghten , that the decision turned upon the implied authority of a holder to fill up a blank cheque . Willis , in his lectures ( c ) on negotiable instru- ments , expresses his opinion that the decision cannot be so ...
Common terms and phrases
acceptor accord and satisfaction agent for collection altered amount applies to cheques Attenborough authority Bank of England Bank of London Bank of Scotland banker Baxendale Bills of Exchange bills payable bonâ fide Chalmers cheque drawn cheque is crossed cheque paid cheque payable Clutton Clydesdale Bank corporation County Bank Crédit Lyonnais creditor crossed not negotiable debt decision defendant bank drawer or indorser due course entitled forged giving notice Grote held holder for value holder in due indorsement in blank infant Ingham instrument judgment jury L. J. Ch L. J. Ex Lacave London and County ment National Bank negligence negotiable instrument notice of dishonour overdue bills overdue cheques payable on demand payable to bearer payable to order payee plaintiff presented for payment Primrose RATIO DECIDENDI recover restrictive indorsement Richdale special indorsement stolen sued supra transferor true owner Union Bank Vict words prohibiting transfer
Popular passages
Page 62 - But if any such instrument, after completion, is negotiated to a holder in due course, it is valid and effectual for all purposes in his hands, and he may enforce it as if it had been filled up...
Page 2 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 51 - Where a banker in good faith and without negligence receives payment for a customer of a cheque crossed generally or specially to himself, and the customer has no title, or a defective title, thereto, the banker shall not incur any liability to the true owner of the cheque by reason only of having received such payment.
Page 105 - Where in a bill drawer and drawee are the same person, or where the drawee is a fictitious person, or a person not having capacity to contract, the holder may treat the instrument, at his option, either as a bill of exchange or a promissory note.
Page 28 - But where the instrument is in the hands of a holder in due course, a valid delivery thereof by all parties prior to him so as to make them liable to him, is conclusively presumed.
Page 79 - When a bill payable to order on demand is drawn on a banker, and the banker on whom it is drawn pays the bill in good faith and in the ordinary course of business, it is not incumbent on the banker to show that the indorsement of the payee or any subsequent indorsement was made by or under the authority of the person whose indorsement it purports to be, and the banker is deemed to have paid the bill in due course, although such indorsement has been forged or made without authority.
Page 34 - In order, however, that any such instrument when completed may be enforced against any person who became a party thereto prior to its completion, it must be filled up strictly in accordance with the authority given and within a reasonable time.
Page 41 - But a holder who derives his title through a holder in due course, and who is not himself a party to any fraud or illegality affecting the instrument, has all the rights of such former holder in respect of all parties prior to the latter.
Page 7 - That he took the bill in good faith and for value, and that at the time the bill was negotiated to him he had no notice of any defect in the title of the person who negotiated it.
Page 92 - reasonable time" or an "unreasonable time," regard is to be had to the nature of the instrument, the usage of trade or business (if any) with respect to such instruments, and the facts of the particular case.