Where a cheque is offered in payment it amounts to a conditional payment of the amount of the cheque which, if accepted, operates as a conditional payment from the time when the cheque was delivered.
Judges:
Woolf L
Citations:
(2000) Lloyds Law Rep (Banking) 139)
Jurisdiction:
England and Wales
Citing:
Cited – Marreco v Richardson CA 1908
The giving of a cheque for a debt is payment conditional on the cheque being met, that is, subject to a condition subsequent, and if the cheque is met it is an actual payment ab initio and not a conditional one. . .
Cited by:
Cited – Andy Coltrane v Janice Day CA 14-Mar-2003
In the course of possession proceedings for non payment of rent under an assured tenancy, the tenant gave the landlord a cheque which cleared the arrears.
Held: The past course of dealings between the parties showed that the landlord had . .
Lists of cited by and citing cases may be incomplete.
Banking
Updated: 29 May 2022; Ref: scu.180778