ective, he could recover if injured in consequence of it. The
employer is under no duty to warn his chauffeur of obvious dangers, or
instruct him in matters that he may be fairly supposed to understand.
If a chauffeur is riding at the owner's request, who is driving the
car, he may recover if injured by the negligence of the owner in
running the machine. Under the Workmen's Compensation Laws a chauffeur
who is injured while running his car beyond the speed limit
prescribed by statute can recover nothing. Nor is he justified by the
custom of other chauffeurs in disregarding the rule. Lastly, if the
owner of a car is injured, physically or financially, by reason of the
wrongful conduct of his chauffeur, he has a remedy against him. See
_Automobile_; _Garage Keeper_.
=Check.=--A check should be properly signed. A check signed by an
individual with the word "agent," "treasurer," or other descriptive
term, has sometimes been regarded as the check of the individual
signer, and not that of a principal or company. The proper way is to
sign the name of the principal or company, adding the name of the
person by whom this is done, thus: "John Smith by John Doe, agent," or
"The Atlas Co. by John King, Treasurer," or other official
designation.
The statement will not accord with the view of many a reader, that a
bank on which a check is drawn is under no legal agreement with the
holder to pay it, whether the maker has a sufficient deposit or not.
Consequently, should the bank refuse to pay, the holder has no cause
of action against the bank. The agreement to pay is between the bank
and the depositor, and if the bank fails to fulfill its agreement with
him, he has a just cause for complaint. Sometimes a bank declines to
pay supposing, through an error of bookkeeping perhaps, that the
depositor has not money enough there to pay his check. In such a case,
as the bank is in the wrong, if the depositor has suffered from loss
of credit or in any other way from the bank's action, it must respond
and make the loss good.
Suppose a person presents a check and the maker's deposit is not
enough to pay the full amount, what can be done? Usually the bank
declines to pay. Suppose the holder says he is willing to give up the
check and take the amount in the bank? There is no reason why the bank
should not accede to his wishes. Suppose a bank should pay more than
the amount on deposit through no fraud of the holder, from whom can it
recover
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