The History Law And Practice of Banking With An Appendix of Statutes

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— -As a Banker is said to honour a Cheque when he obeys the order or command of the Drawer to pay the amount specified on demand, he is said to dishonour it when he refuses to obey. The motive for refusal may be some irre- gularity in the Cheque itself, such, for instance, as an unconfirmed alteration, a variance in the Drawer's signature, or a post-dating ; or it may be because the Cheque is incomplete, by not being dated for instance ; or it may have been mutilated ; or the Banker may refuse ...payment because the Cheque is crossed. But what is generally understood by the expression dishonour- ing a Cheque is the refusal to pay the amount, because the Banker has not sufficient funds of the Drawer's in his posses- sion to enable him to pay it in full. A Banker is not em- powered to make a part payment on a Cheque: for instance, if A. Draws a Cheque for ^50, and his balance at the Drawee's is but ^£^0^ the Drawee is not entitled to pay the ;^3o on account.
It has been argued, that a Banker who did so pay on account the Drawer's balance in his hands, that balance being insufficient for the full discharge of the amount of the Cheque, would be protected in any action by the Drawer on the pay- ment ; but it appears to be the better opinion that, in adopting 1 68 The Laiu and Practice of Banking.


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