one is mislaid and, consequently,
is not presented for payment when it should be, but the maker ought
not to suffer for the negligence of the receiver of his cheque. The
rule of law that we have given is founded on justice, and if the
receiver is negligent in not presenting it as he should, the holder
ought not to suffer.
_It is the duty of a bank to pay a cheque just as it is drawn, and if
it makes any mistakes it must suffer._ The reason for this rule is
that the maker does not expect to see his cheque again after it leaves
his hand, and when he puts his money in a bank for safe-keeping the
bank virtually says to him that it will pay only on his order just as
he has written. It will guard his interests carefully and pay no
forged cheques or cheques that have been altered in dates or amounts,
to his injury. Now, it is quite a common thing for cheques to be
forged, and still more common for them to be raised. A scoundrel gets
a cheque that is genuine, ordering a bank to pay $18, and changes it
to $1800. He presents it for payment and it is paid. By and by the
depositor finds out that he has not as much money in the bank as he
supposed he had there. What has happened? Some one has altered one of
his cheques and drawn out too much. He goes to the bank and makes
inquiry, learns that this is so, and then demands that it shall make
the amount good to him. Usually a bank is obliged to pay.
There is one limit to this rule. _A man making a cheque must be
careful to write it in such a way that changes or alterations cannot
easily be made._ If he is careless, leaving ample space so that
changes can be made in the amount, then he will be considered
negligent, and a bank would not be obliged to make good his loss. If,
on the other hand, he is careful in drawing his cheques then a bank's
duty to protect him is plain, and it is liable in the event of
neglecting to do so.
A few years ago a man drew a cheque for $250, dated it three days
ahead, and left it with his clerk, directing him to draw the money on
the day written in the cheque and pay the men who worked for him, and
went away. The clerk thought that he would like to keep that money
himself and take a little journey also, so he changed the date to one
day earlier, went into the bank on that day and drew the money, and
started for the Klondike or some other place. The maker of the cheque
soon found out what had happened and demanded of the bank to make the
amount good. Th
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