Page:Halsbury Laws of England v1 1907.pdf/812

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Bankers and Banking.

590 Sect.

—

1208.

2.

Receipt of

Money on Deposit Account.

A

woman

(n)

account

is

deposit account may be opened with a married or with an infant (o). A person having a deposit a " customer " within sect. 82 of the Bills of Exchange

Act, 1882

Sect.

Married

women and

3.

Collection oj Cheques.

Sub-Sect.

Generally.

1.

infants.

1209.

Collection of cheques.

who

Collection, strictly speaking, is the conduct of a banker acts as a mere agent or conduit pipe to receive payment of the

cheque from the banker on

whom

it is

drawn and hold the proceeds

at the disposal of his customer. Presentment payment.

for

As such agent, he is bound to exercise diligence in the He fulfils his duty if, presentation of the cheque for payment. when the cheque is drawn on a bank in the same place, he presents it the day after receipt (q), or, when on a bank in another place, if he either presents it or forwards it on the day following receipt (r). The forwarding may be to another branch or to an agent of the bank (s), who has the same time after receipt in which to present. A non-clearing bank may so utilise a clearing bank. But in any case the bank which has received the cheque from its customer remains liable to him for default of its agent (t). Presentment through a recognised clearing house is equivalent to presentment to the bank on which the cheque is drawn (a). Presentment by post is sufficient (h), and it would appear that when a bank forwards by post a cheque to the bank on which it is drawn the latter receives it as agent for presentment to itself (c), and in that capacity can hold it till the day after receipt. Where a cheque drawn by one customer of a bank is received from another customer, it is a question of fact whether it was presented If the latter, the bank has for payment or paid in for collection. (n)

Married Women's Property Act, 1882 (45

&

46 Vict.

c.

75),

ss. 6, 7.

See

Husband and Wife. (o) "The disability of infancy

title

goes no further than is necessary for the pro(Burnahy y. Equitable Reversionary Interest Society (1885), 28 Ch. I). 416, per Pearson, J., at p. 424). The contract is beneficial to the infant, and so binding on the banker. The infant could never recover moneys withdrawn by him. Compare Valentini v. Canali (1889), 24 Q. B. D. 166. See title Infants. Great Western Rail. Go. v. London and County Bank, (^) 45 & 46 Vict. c. 61 [1901] A. C. 414, per Lord Davey, at p. 421. Rickford v. Ridge (1810), {q) Alexander v. Burchfield (1842), 7 Man. & G. 1061 2 Camp. 537 ; Forman v. Bank of England (1902), 18 T. L. E. 339 and compare Boddinqton v. Schlencker (1833), 4 B. & Ad. 752. Prideaux v. Gtiiddle (1869), L. R. (r) Hare v. Henty (1861), 10 C. B. (n. s.) 65 4 Q. B. 455 Heywood v. Pickering (1874), L. R. 9 Q. B. 428 and contrast Moide V. Brown (1838), 4 Bing. (n. c.) 266 Bailey v. Bodenham (1864), 16 0. B. tection of the infant''



,













(n. s.) 288.

Prideaux v. Griddle, supra. Mackersy v. Ramsays (1843), 9 CI. & F. 818. (ft) Reynolds v. Ghettle (1811), 2 Camp. 596. compare Bills of Exchange Act, 1882 (6) Prideaux v. Griddle, supra, at p. 461 It is the usage to treat presentment by post by (45 & 46 Vict. c. 61), s. 45 (8). one bank to another as sufficient, but not presentment by letter by an ostensible payee requesting remittance by post. (c) Bailey v. Bodenham, suptra, per Erle, C. J., at p. 296. (s) {t)