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 |
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Page 5
... opinion . " In Emanuel v . Robarts and Others ( 17 Law Times 646 ) , a post - dated cheque , payable to order , was refused payment by the bankers the day before it was dated and marked " post - dated , " and again refused payment by ...
... opinion . " In Emanuel v . Robarts and Others ( 17 Law Times 646 ) , a post - dated cheque , payable to order , was refused payment by the bankers the day before it was dated and marked " post - dated , " and again refused payment by ...
Page 6
... opinion that the contract itself is not unreasonable . " It seems from this case that , independent of the Stamp Act , there is a valid custom amongst bank- ers not to pay a cheque which is post - dated , and this is therefore an ...
... opinion that the contract itself is not unreasonable . " It seems from this case that , independent of the Stamp Act , there is a valid custom amongst bank- ers not to pay a cheque which is post - dated , and this is therefore an ...
Page 14
... opinion that he would not be liable . The decision in the case of Simmons v . Taylor , 4 C. B. 463 , that a banker was not responsible for paying a crossed cheque to the holder who was not a banker , where the crossing had been erased ...
... opinion that he would not be liable . The decision in the case of Simmons v . Taylor , 4 C. B. 463 , that a banker was not responsible for paying a crossed cheque to the holder who was not a banker , where the crossing had been erased ...
Page 23
... opinion , that it was a question for the jury to decide , whether the plaintiffs had received this draft bonâ fide , and without knowledge of the cir- cumstances under which Muilman and Nantes held it ; and if so , he thought , though ...
... opinion , that it was a question for the jury to decide , whether the plaintiffs had received this draft bonâ fide , and without knowledge of the cir- cumstances under which Muilman and Nantes held it ; and if so , he thought , though ...
Page 24
... opinion proceeds . The proposition on which the defendants rely is , not that the plaintiffs have not given a valuable consideration for the cheque ; nor that the bankers on whom the cheque is drawn had not assets in their hands to pay ...
... opinion proceeds . The proposition on which the defendants rely is , not that the plaintiffs have not given a valuable consideration for the cheque ; nor that the bankers on whom the cheque is drawn had not assets in their hands to pay ...
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.