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.
Judges:
Farwell LJ
Citations:
(1908) 2 KB 584
Jurisdiction:
England and Wales
Cited by:
Cited – Homes v Smith CA 2000
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. . .
Lists of cited by and citing cases may be incomplete.
Banking
Updated: 28 April 2022; Ref: scu.180779