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
A cheque payable to Mrs. Brown or bearer would not, of course, require
her name upon the back. But if it were to order, then she would indorse
it either M. Brown or Mary Brown. When the drawer omits one’s initials,
one should write one’s usual signature upon the back of the cheque;
and though it is not necessary to sign christian names in full, even
when they are so written upon the document, the capital letters must,
of course, agree with those upon the face. A cheque drawn in favour of
Messrs. Robinson is obviously payable to two or more persons of that
name, so it may be indorsed: “A. & C. Robinson,” “Robinson & Son,”
“Robinson Brothers,” or “Robinsons.” “Robinson and Nephew” would not,
however, meet the case, for it by no means follows that the nephew
is a Robinson. It is equally as probable that he may be a Smith or a
Jones--or a somebody else. In practice, provided the cheque be for a
small amount, the paying banker is seldom squeamish, but when a large
sum is in question he naturally takes care that he is upon the safe
side, for the good man is very human. Where a cheque is payable to two
or more persons, who are not partners, then all should indorse.
A payee who is unable to write must make his mark or cross (the
trade-mark of the illiterate) in the presence of a witness, who attests
it thus:--
his
George X Brown.
mark
Witness:
Robert White,
55, High Street,
Birmingham.
When the payee (the person to whom a cheque is payable) writes his name
upon the back of an “order” cheque the document is said to be indorsed
in blank, and becomes in effect payable to bearer. He can, however,
make it payable to another person by writing above his signature: “Pay
Thomas Brown or order.” Thomas Brown must then indorse the cheque.
Further, any holder may write this request above the indorser’s
signature, thereby converting an indorsement in blank into a special
indorsement.
A restrictive indorsement gives the indorsee no power to transfer his
rights. Hence a cheque indorsed to “John Smith only” prevents further
negotiation of the instrument. Where a cheque is payable to, say, John
Smith for R. Jones, the payee simply has to write his own name on the
back.
Should the name of a fictitious or non-existing person be inserted as
payee in an order cheque, the document may be treated as payable to
bearer. Cheques drawn to “cash,” “house,” etc., are so treated. It is
usual, however, for the drawer to indorse them, just as he would a
cheque payable to “self or order.”
Any executor or administrator can indorse a cheque made payable to
a deceased person, but all trustees must sign. In practice, a banker
usually guarantees or confirms these indorsements.
Public-domain text, read in full here on John Shaqi.
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