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Where a cheque has been altered fraudulently to change the name of the payee, the piece of paper ceases to be a cheque, and an action for conversion against the paying or collecting bank will stand only as to the nominal value of the paper, and not as to the face value. The material alteration … Continue reading Roger Smith and Christopher Timothy Esmond Hayward and Lloyds Bank TSB; Harvey Jones Ltd and Woolwich Plc: CA 27 Jul 2000
A cheque was altered and presented and paid through an account operated by the defendants. The claimants asserted that the collecting bank had converted the cheque and were liable to repay its value. The cheque having been fraudulently altered, it was held that it had, under the Act, ceased to be a cheque as such, … Continue reading Smith and another v Lloyds TSB Group plc: QBD 23 Dec 1999
Citations: [2020] EW Misc 12 (CC) Links: Bailii Statutes: Bills of Exchange Act 1882 Jurisdiction: England and Wales Road Traffic Updated: 07 May 2022; Ref: scu.655643
The court considered the interpretation of the 1882 Act, which was said to be a codifying Act. Held: An Act is to be ascertained in the first instance from the natural meaning of its language and is not to be qualified by considerations deriving from the antecedent law.Lord Watson said: ‘The decision of the Queen’s … Continue reading Bank of England v Vagliano Brothers: HL 5 Mar 1891