Banking And Negotiable Instruments a Manual of Practical Law

Cover Banking And Negotiable Instruments a Manual of Practical Law
Banking And Negotiable Instruments a Manual of Practical Law
Frank Tillyard
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A banker cannot charge his customer with a payment made to the holder of a void instrument.
Negligence. — A customer may have so negligently con- ducted himself that he cannot be heard to say that a pay- ment wrongly made by the banker was not a payment made on his account. This is called estoppel by negligence. Negligence, to amount to an estoppel, must be in the transaction itself, and be the proximate cause of leading the banker into mistake, and also must be the neglect of some duty which i
...s owing to the banker or to the general public. As this rule is being constantly misunderstood, it will be further explained by a few illustrations.
1. In the case of Bank of Ireland v. Evans Charities (3 H. L. Ca. , 389), it appeared that a customer negligently lost his cheque-book, and so enabled some one to get hold of and forge a cheque. The customer's banker was not allowed to charge him with the payment of such a cheque, for there was no transaction in which the customer was 7 98 BANKER AS PAYER OF CHEQUES AXD BILLS negligent, nor was the loss of the book the proximate cause of the hank paying the cheque.


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