A Treatise On the Law of Contracts
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Davies, 33 L. J., P.
& M. 127.
refusal to cash it upon demand, is a question for the jury. See Morse on Banlcing, 264; Lancaster Bank v. Woodward, 18 Pa. St. 357. In. the last-named case, a check was drawn upon a bank in which the drawer had no funds ; but a year after the date of its making, it happened that the drawer did have funds in the bank, and upon presentation of the check it was paid.
The drawer in the meantime had discharged the original debt for which the check had been drawn, consi...dering that the check was no longer good. Held, that payment by the bank of so old a check, under the suspicious circumstances of a con- tinued omission to deposit funds to meet it, which were suffi- cient to put the bank on inquiry, constituted a degree of negli- gence on the part of the bank so great that the court felt justi- fied in taking the case from the jury and holding, as matter of law, that the bank could not recover the amount so paid. So the fact that a draft or check was presented at a bank at such a distance from the place where it was drawn that it could not have reached there in the ordinarj' course of the mails, or of a messenger, would be sufficient to put a bank on its guard.
What to read after A Treatise On the Law of Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Morgan, Appleton, 1845-1928 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Davies, 33 L. J., P.
& M. 127.
refusal to cash it upon demand, is a question for the jury. See Morse on Banlcing, 264; Lancaster Bank v. Woodward, 18 Pa. St. 357. In. the last-named case, a check was drawn upon a bank in which the drawer had no funds ; but a year after the date of its making, it happened that the drawer did have funds in the bank, and upon presentation of the check it was paid.
The drawer in the meantime had discharged the original debt for which the check had been drawn, consi...dering that the check was no longer good. Held, that payment by the bank of so old a check, under the suspicious circumstances of a con- tinued omission to deposit funds to meet it, which were suffi- cient to put the bank on inquiry, constituted a degree of negli- gence on the part of the bank so great that the court felt justi- fied in taking the case from the jury and holding, as matter of law, that the bank could not recover the amount so paid. So the fact that a draft or check was presented at a bank at such a distance from the place where it was drawn that it could not have reached there in the ordinarj' course of the mails, or of a messenger, would be sufficient to put a bank on its guard.
What to read after A Treatise On the Law of Contracts?
You can find similar books in the "Read Also" column, or choose other free books by Morgan, Appleton, 1845-1928 to read onlineMoreLess
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