Walton v Maskall, 1844 6 M and W, 399, Queen’s Bench Division
Citation:Walton v Maskall, 1844 6 M and W, 399, Queen’s Bench Division
Rule of thumb:If another person writes you a cheque, must their bank honour this? Yes, the bank must honour this cheque up to a certain amount, even if the person did not actually have the funds in their bank account to cover it.
Judgment:
– the facts were that provided a cheque on the bank was deemed to be valid, and within the credit limit of the person involved, then the bank were obliged to cash the cheque there and then. Privy Council, Lord Dunedin delivering the advice of the Privy Council said “a person whose money has been accepted by a bank on the footing that they undertake to honour cheques up to the amount standing to his credit is in the view of their lordships, a customer of the bank in the sense of the statute irrespective of whether the connection is of short or long standing”.
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.