The Law Relating to Cheques

Cover The Law Relating to Cheques
The Law Relating to Cheques
Eric R Eric Russell Watson
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238), and proof that the holder had notice of the consideration as between the parties does not dis- entitle him to recover. [Lilley v. Rankin (1886), 56 L. J. Q. B. 248. ) Whereas if the bet were illegal under 5 & 6 Will. IV, c. 41, the knowledge of the holder as to the consideration as between the parties disentitles him to recover. (Woolf v. Hamilton [1898], 2 Q. B. 337_C. A. ) This case decides that betting on horse- racing is " illegal ", (3) A cheque or bill, etc. , the whole or any part ...of CONSIDEEATION. 56 the consideration for which is money or other valuable thing won by gaming or playing at any game (c) or by betting on the sides or hands of such as do game, or for repaying any money knowingly lent for such gaming or betting, or lent at the time and place of such play to any person so gaming or betting, or who shall during such play so play or bet, is deemed to be given for an illegal consideration. (9 Anne, c. 19, section 1 ; 5 & 6 Will. IV, c. 41. ) The effect is to throw the onus of prov- ing value and good faith on the holder.

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