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CONTENTS.
ON THE FORM AND REQUISITES OF CHEQUES.
Definition..
The place where the cheque is issued
The time when the cheque is issued..
The name and address of the banker
The person in whose favour the cheque is drawn
The words " or bearer or order"
The sum payable.....
99 66
Of the time when the cheque is payable
The drawer's signature
THE LAW OF CHEQUES-THE DRAWER.
The general rights and liabilities of the drawer of a
cheque :
On the mode of drawing and filling up cheques
PAGE
1
2
3
6
7
8
9
10
On having effects at the bankers to meet cheques.... 14
On stopping payment of a cheque given on a condi-
tion which is violated......
16
Liability on a cheque given on a consideration which
fails
Effect of delay in presenting cheque
Lost or stolen cheques held by bonû fide parties..
Lost cheque which cannot be produced
Cheque which has been destroyed
Fraudulently inducing banker to honour cheque
The rights and liabilities of the drawer of a cheque which arise from filling some peculiar character:
On the rights and liabilities of the principal when
the cheque is drawn by an agent
44
On the liability of a bank officer, or any other de-
scription of agent, who is the drawer of a cheque.. 47
When the drawer is an assignee in bankruptcy or
a trustee
Partner
Lunatic.
Infant
Married woman
Executors and administrators
51
54
55
57
THE HOLDER.
Rights and liabilities of holder:
Of cashing a cheque when holder is a bailee
Of cashing a cheque after bankruptcy or insolvency
of drawer..
Right of holder to obtain payment of cheque from
transferror which has not been presented in due
time, and banker has failed, and the failure is
unknown to the transferror
60
Time to present a cheque under ordinary circum-
stances
61
Time and manner of presenting a cheque when parties
live in different places
Time to present a cheque when a banker is employed 64
Holder may present a cheque at any time within six
years, and drawer will not be discharged unless he
has sustained loss by the delay..
Indorsers, &c., of cheques...
to receive payment of cheque from the assignees
of a banker after his failure..
Circumstances under which holder has been entitled
65
39
Effect of losing a cheque
Notice of the dishonour of a cheque
Remedies of the holder against the banker and the
other parties to the cheque
THE BANKER.
Duty of banker to pay cheque on presentation
67
68
69
73
If funds have been previously applied in payment of
a bill of exchange made payable at the bankers, but
without any further authority to pay, the banker
will not be responsible for refusing to pay a cheque 76
Duty of a banker as to the payment of cheques when
an account is opened by more than one person, not
being partners in trade
80
85
As to payment of cheques by banker, after notice of
an act of bankruptcy by drawer
Cheques cancelled or partially destroyed, and after-
wards presented to banker, ought not to be paid .. 85
If the drawer's signature be forged, or the amount of
the cheque be fraudulently altered after it has been
properly filled up by the drawer, the banker ought
not to pay it..
........
87
90
Right of bankers who pay a forgery to recover back
the amount from the party receiving it ...
Right of bankers to recover back amount of cheque
which they have allowed their customer, under a
mistaken supposition that the cheque was forged .. 98
Right of bankers who pay a cheque without having funds to meet it, to receive the amount from their customer after he has committed an act of bank- ruptcy
Bankers may, by their conduct, render themselves liable
to pay a cheque, although they have a large balance
due to them by a drawer
101
..... 103
Where the drawer and the holder of a cheque employ
the same bankers, the latter are not bound to in-
b
form the holder that the drawer has no funds,
unless the question be asked, and they will not be
responsible if they retain the cheque for a day after
it is presented
Bankers may recover back money paid by them on a
cheque given to a party who knew the drawer was
insolvent, and had no funds in their hands, provided
they were ignorant of these facts.....
Of cheques cancelled by a banker in mistake..
Death of drawer
....
Coin in which cheque must be paid
Of collecting cheques .
Bankers' lien
105
110
111
113
114
117
THE STAMP..
CROSSED CHEQUES....
118
124
CHEQUES AS INSTRUMENTS OF EVIDENCE.
When a cheque is evidence of the payment of a debt 129
When not evidence of a loan
134
When a cheque is not received as money, and is not
cashed, it does not operate as evidence of payment 137
On the production of a cheque in the custody of
bankers.
138
ON CIVIL FRAUDS WITH CHEQUES DRAWN
WITHOUT EFFECTS
140
ON CRIMINAL FRAUDS BY MEANS OF
CHEQUES DRAWN ON BANKERS WITH
WHOM THE DRAWER KEEPS NO AC-
COUNT
148