A Practical Treatise on the Law of Bankers; Cheques, Letters of Credit, and Drafts: Comprising the Statutes and Cases Relative Thereto : with ObservationsWaterlow & Sons, 1878 - 170 pages |
From inside the book
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Page 13
... negligence in suffering Worcester to have possession of the draft , drawn as that draft was , in his hand - writing , and with such spaces not filled up , so as to exclude all chance of detecting the forgery ; and that , as plaintiff ...
... negligence in suffering Worcester to have possession of the draft , drawn as that draft was , in his hand - writing , and with such spaces not filled up , so as to exclude all chance of detecting the forgery ; and that , as plaintiff ...
Page 14
... negligence in drawing a blank cheque , and in employing a dishonest clerk , whilst no fault could be imputed to the ... negligent manner . 2. On having effects at the bankers to meet cheques . The drawer of a cheque should take care that ...
... negligence in drawing a blank cheque , and in employing a dishonest clerk , whilst no fault could be imputed to the ... negligent manner . 2. On having effects at the bankers to meet cheques . The drawer of a cheque should take care that ...
Page 27
... negligence ; and we will proceed to examine these cases briefly , and then refer more fully to the modern authorities , which appear to bring back the law to the position in which it originally stood . In Down v . Halling and others ( 6 ...
... negligence ; and we will proceed to examine these cases briefly , and then refer more fully to the modern authorities , which appear to bring back the law to the position in which it originally stood . In Down v . Halling and others ( 6 ...
Page 28
... negligence ; for if the jury should be of opinion that the cheque , presented as it was so many days after it was drawn , was tendered to the defendants under such circumstances as ought reasonably to excite suspicion in the minds of ...
... negligence ; for if the jury should be of opinion that the cheque , presented as it was so many days after it was drawn , was tendered to the defendants under such circumstances as ought reasonably to excite suspicion in the minds of ...
Page 29
... negligence , if any , of the de- fendants , and which influenced the Court , was , according to the last mentioned decisions , insuffi- cient to charge the defendants with the loss . We have referred to it at length , that it might not ...
... negligence , if any , of the de- fendants , and which influenced the Court , was , according to the last mentioned decisions , insuffi- cient to charge the defendants with the loss . We have referred to it at length , that it might not ...
Other editions - View all
A Practical Treatise on the Law of Bankers; Cheques, Letters of Credit, and ... George John Shaw No preview available - 2014 |
A Practical Treatise on the Law of Bankers; Cheques, Letters of Credit, and ... George John Shaw No preview available - 2017 |
A Practical Treatise On the Law of Bankers; Cheques, Letters of Credit, and ... George John Shaw No preview available - 2018 |
Common terms and phrases
acceptance act of bankruptcy action afterwards agent altered appeared assignees Bank of England banker banker paying banking-house bankrupt Barnewall bill of exchange bonâ fide cash cheque in question cheque is crossed cheque or draft cheques drawn circumstances clerk contract Court creditor crossed cheques crossed specially debt defendant's defendants delivered donatio mortis causa drawer duty entitled to recover evidence fact favour forged forgery fraud fraudulent funds genuine gift inter vivos given hands held indorsed instrument issued Kilsby L. J. Ch letter of credit liable London Lord Lord Denman Lord Tenterden ment Messrs Miller negligence November obtained party pay the cheque payable to bearer payee paying a cheque Peter Pole plaintiff presented for payment promissory note proved Ramsbottom received recover back Robert Matson rule Ryder Sewell & Cross Shackell signature statutes sum of money Tenbruggenhate tender transaction trial trustees United Kingdom verdict Vict Wingham
Popular passages
Page 51 - Any contract which if made between private persons would be by law required to be in writing, and signed...
Page 56 - ... be acquired by or devolve upon her after marriage, including any wages, earnings, money, and property gained or acquired by her in any employment, trade, or occupation, in which she is engaged, or which she carries on separately from her husband, or by the exercise of any literary, artistic or scientific skill.
Page 121 - ... either in payment or as a security, or by purchase or otherwise, shall not be entitled to recover thereon, or to make the same available for any purpose whatever.
Page 42 - In case of any action founded upon a bill of exchange, or other negotiable instrument, it shall be lawful for the court or a judge to order that the loss of such instrument shall not be get up, provided an indemnity is given, to the satisfaction of the court or judge, or a master, against the claims of any other person upon such negotiable instrument.
Page 34 - ... under circumstances which ought to have excited the suspicion of a prudent and careful man.
Page 124 - ... a draft on any banker made payable to bearer or to order on demand bears across its face an addition, in written or stamped letters, of the name of any banker, or of the words 'and company...
Page 97 - But we are all of opinion that the holder of a bill is entitled to know on the day when it becomes due whether it is an honoured or dishonoured bill, and that, if he receive the money, and is suffered to retain it during the whole of that day, the parties who paid it cannot recover it back.