Banks and Their Customers: A practical guide for all who keep banking accounts from the customers' point of viewWarren, Henry
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Banks and Their Customers: A practical guide for all who keep banking accounts from the customers' point of view
Warren, Henry
Banks and banking -- Great Britain
When, therefore, you wish a person to whom your cheque is made payable
to go to your banker’s and draw the money, you will be careful not to
cross it. Practice, somehow, always seems at war with theory, and it
is not by any means an unusual occurrence for a lady, after having
deliberately told her banker not to pay cash for her cheque to the
presenter, to indignantly inquire why he did not disobey her behest
and do so. A prudent teller seldom descends to either argument or
explanation, but calmly accepts such reproof as one of the amenities of
his calling, and resigns himself philosophically to the inevitable.
Not Negotiable Cheques.
This description is somewhat misleading, for a cheque crossed /not
negotiable/ is in reality negotiable, though not so fully as is the one
that has been discussed in the foregoing division. The distinction,
however, is not difficult to grasp. Take a cheque with two parallel
lines across the face simply. Now, if such a document be lost, and
find its way into dishonest hands, a third party, who gives value in
exchange for it, provided he have no guilty knowledge, has a good title
against all the world, and can compel the drawer to pay him the sum for
which it is made out.
For instance, A draws a cheque for £20 payable to B, and crosses it /&
Co/. B, the payee, after having written his name on the back of the
cheque, loses it. C picks it up and passes it on to D, who gives him
cash or goods in exchange for it. As B has indorsed the cheque he will
have to bear the loss, even though he has got A, the drawer, to stop
payment of it at his banker’s.
But had the words “not negotiable” been added, D could not have
enforced his claim, although he was a _bonâ-fide_ holder for value. A
“not negotiable” cheque warns any holder for value thus:--
“You must, if you part with either cash or goods in exchange for this
document, be prepared to take all risks upon your own shoulders. The
crossing hereon gives you due notice that you must act upon your own
responsibility, and the law, therefore, affords you no protection.”
A business man cannot be too careful in dealing with a cheque thus
marked; and unless he be well acquainted with the holder, he should
decline to part with either cash or goods in exchange for it. One
should never, even if one know that the drawer is a man of means, and
that the signature upon the cheque is genuine, give value for it to a
stranger, as there is always the danger of one’s having to make good
the loss of any prior holder, who may have been defrauded, whilst if
the payee cannot enforce his claim against the drawer, then a holder
for value cannot.
Public-domain text, read in full here on John Shaqi.
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