Banks and Their Customers: A practical guide for all who keep banking accounts from the customers' point of viewWarren, Henry
History
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
Again, should Thomas Brown receive a cheque, which, he knows, is
intended for him, though made payable to Thomas Bright, he might sign
upon the back: “_p.p._ T. Bright, Thomas Brown.” He can explain the
reason for this to his own banker, but the paying banker will not
question the indorsement. Cheques which are drawn in favour of an
establishment one owns, or of a commodity one sells, can always be
backed “_per pro_.”
A cheque to the order of a limited or unlimited company is generally
indorsed _per pro_ the company, and the signer should then state the
position he occupies, whether director, secretary, manager or cashier,
as in the following illustration:--
“_p.p._ The Hull Shipping Company, Limited,
Walter Wilson,
Manager.”
It is always advisable to sign for or on behalf of a company, and to
state in what capacity one signs, so as to avoid a personal liability.
An agent who signs under a power of attorney, usually indorses: “Thomas
Brown by his attorney William Smith.” It is as well to remember that a
power of attorney often confines the agent’s power, as in the case of a
letter of authority, within very narrow limits, and that the principal
is only bound by its provisions.
Banker’s Liability on Forged Indorsements.
The paying banker is not liable upon a forged or unauthorized
indorsement, but the collecting banker is in the case of uncrossed
cheques, and, according to a recent decision by the House of Lords,
may be upon crossed ones. If a banker credit his customer’s account
with the amount of a crossed cheque _after_ it has been cleared, he is
protected by Section 82 of the Bills of Exchange Act; but should he
credit his client’s account with the said cheque before he himself has
collected it, then he ceases to be a mere agent, and becomes a holder
for value, and, consequently, liable upon a forged indorsement. As it
is usual, both in London and the provinces, to credit a customer’s
account with cheques on the day that he pays them in, it follows
that an employer, if his agent have indorsed crossed cheques without
authority and placed them to an account in his own name, can recover
their amount from his agent’s banker.
Banker’s Liability where Drawer’s Signature is Forged.
The banker is liable to a customer upon any forged cheque he debits to
his account.
When a Cheque is Legally Paid.
A banker, having passed the cash across his counter, cannot legally
demand it back again, and the presenter may please himself whether or
not, if asked, he will return the money. The banker has no power to
compel him.
Stopping Payment of a Cheque or Bill.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account