Reports of the Supreme Court of Canada Volume 40

Reports of the Supreme Court of Canada Volume 40

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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. 1908 edition. Excerpt: ...the cases save in the length of time that elapsed between the passing of the cheque through the clearing house and the demand for re-payment. I cannot say that I find the difference in length of time between the mistake and demand for re-payment so essential as to enable me to distinguish the cases. The essential feature of the receiving bank having parted, as in duty bound apparently, with the money to the extent it did, relying on the paying bank having acquiesced and paid, remains here, as there, the substantial answer to what else would be a most equitable demand. Let us go beyond in the agency cases, and get to the reason for the rule, a good method to solve legal difficulties in many cases, I submit, and reason by analogy therefrom. Doing so, I venture to think the banker's business is of that nature that it would be just as inequitable as in the case of an agent receiving and paying to ask the return of money the banker has 132 paid away in accordance with a duty that every cirD0lBfZ1;I;)N cumstance that was apparent to him rendered im., _ perative. L';'g' )'l'_' People have every day to discharge that duty which apparent facts render a duty when all that can be reasonably required has been done to know the facts. The Privy Council, in The Imperial Bank Case ( 1), had under consideration the view presented by the late Chief Justice Armour of Cocks v. M asterman (2), holding that it exemplified, if it did not estab lish a rule of law that Idington J. the holder of a bill is entitled to know on the day when it becomes due whether it is an honoured or dishonoured bill, and that if he receives the money and is suffered to retain it during the whole of that day, the parties who paid it...
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Product details

  • Paperback | 206 pages
  • 189 x 246 x 11mm | 376g
  • United States
  • English
  • black & white illustrations
  • 1236845781
  • 9781236845788