The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 50
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1885 edition. Excerpt: ...attributed to Mr. Justice BYLES, 8 C. B. (N. S.) 372, but I am quite sure that learned judge never meant to lay down that a banker who dishonors a check is liable to a suit in equity by the holder." The other English case to which I have reference is Schroeder v. Central Brmle of London, 34 L. T. (N. S.) 735. The statement of the claim in this case was on a check payable to bearer, on the defendants, which was handed to the plaintifis, who presented the check to the defendants at their bank for payment, but payment was refused and the check marked " refer to drawcr;" and that at the time when they refused payment of the check the defendant had funds belonging ' to the drawer to an amount exceeding the sum for which the check was drawn. To this statement a demurrer was filed, on the ground that a banker on whom a check is drawn is under no liability to the holder of the check to pay the same. That is the present ease, in all particulars; and the court say a check is not an assignment by the drawer to the payee of a debt, or chose in action, within the meaning of the Judicature act of 1873, section 25, subsection 6. Therefore the (Jreveling v. Bloomsbury National Bank. payee of a check has no right of action for its dishonor against the banker on whom it is drawn. Neither is the check in this case an assignment under section 19 of the Practice act, which will authorize the holder or assignee to sue in his own name. l It will be found that some of the cases in this country, above referred to, have considered those that hold a contrary rule, which are comparatively few iii number, and have refused to follow them. The grounds for their conclusions above stated in the cases quoted are so satisfactory that nothing can be added...
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