Hare v Edwin Henty And George Henty: 7 May 1861

A country banker receiving from a customer a cheque for presentment drawn upon another country banker not resident in the same town, is not bound to transmit it for presentment by the post of the day on which he receives it, but has until post-time of the next day for so doing. A, a banker at Worthing received from B a customer, a cheque drawn upon C, a banker at Lewes (which is distant about eighteen miles from Worthing on the morning of Friday, the 8th of July, and sent it that evening by post to his London correspondent, D for presentment tthrough the ‘ country clearing house,’ then recently established, but in pretty general use among country bankers. D’s clerk handed the cheque at the clearing house on the morning of Saturday, the 9th, to the clerk of E, the London correspondent of C. (the drawee), who sent it down by the post of that evening to C, :- Held, that the presentment was in due time.

Citations:

[1861] EngR 575, (1861) 10 CB NS 65, (1861) 142 ER 374

Links:

Commonlii

Cited by:

CitedBarclays Bank plc v Bank of England ComC 1985
Sitting as an arbitrator, the court had to determine the time and place at which a bank presenting a cheque for payment through the clearing system was discharged of its responsibility towards its customer. It was contended for the respondent that . .
Lists of cited by and citing cases may be incomplete.

Banking

Updated: 15 May 2022; Ref: scu.284336