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
Finally it may be added that it is not illegal to indorse a cheque in
pencil, though a banker would probably decline to honour it on the plea
that it becomes fainter as time progresses. Again, too, an indorsement
may be made on the face as well as upon the back of a cheque, but the
customer, unless he be of a peculiarly combative temperament, merely
wishes to know what is usual, and we are all aware of the accepted rule
in this instance.
Agents and “Per Pro” Indorsements.
A signature by procuration indicates that the agent’s power to bind his
principal may be, and probably is, limited. For instance, the agent may
only have authority to indorse cheques and bills, and if he sign as
either drawer or acceptor, he cannot bind his principal. Moreover, as a
procuration signature operates as notice of his limitations, a holder
has no claim upon his principal, as he should have protected himself by
demanding to see the agent’s letter of authority.
A customer, when he wishes another person to draw cheques on his
behalf, gives a letter of authority to his banker, and states therein
exactly what his nominee or agent may do. The authority may only allow
a certain person to sign cheques on his behalf up to, say, £100, and
the banker would, of course, refuse any cheque drawn in excess of
that sum. Most bankers keep printed forms of this description, and the
customer, if he obtain one, can, by crossing out what the agent may
_not_ do, limit his power to any extent he thinks necessary. These
letters need not be stamped, and, unless previously revoked, they
continue in force until the bankruptcy, insanity, or death of the
principal.
We can now see that dealing with an agent is not unattended by certain
risks. The banker always protects himself by ascertaining that an agent
really has authority when he signs the name of a client in the capacity
of either drawer or indorser, but as he (the _paying_ banker) is not
liable upon either a forged or an unauthorized indorsement, _per pro_
indorsements are universally accepted by the banks in the ordinary
course of business. They are not, however, legally obliged to pass
them, and a banker may demand to see an agent’s authority or insist
upon having a confirmation of the indorsement.
An agent usually signs:--
“_per pro_ (or _p.p._) John Brown,
Robert Smith.”
It has been held that “_p.p._ Mr. John Brown, Robert Smith,” is a
good discharge, but the foregoing method is the more general. There
have also been decisions in favour of the prefixes “pro” and “for,”
though most bankers refuse to pay cheques so indorsed. Procuration
indorsements are not accepted on dividend-warrants.
A cheque payable to Brown’s Drapery Stores may be indorsed:--
“_p.p._ Brown’s Drapery Stores,
Thomas Brown, Proprietor.”
Public-domain text, read in full here on John Shaqi.
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