Hare v Edwin Henty And George Henty; 7 May 1861

References: [1861] EngR 575, (1861) 10 CB NS 65, (1861) 142 ER 374
Links: Commonlii
Ratio A country banker receiving from a customer a cheue 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.
This case is cited by:

  • Cited – Barclays Bank plc -v- Bank of England ComC ([1985] 1 All ER 385)
    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 . .

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Last Update: 22-Mar-16
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