A cheque is often described as a bill of exchange,
drawn by a customer on his banker, for a sum certain
in money, payable on demand. In these days, when
the mere babe produces his cheque-book on the
slightest provocation, it seems unnecessary to describe
how a cheque should be drawn; though it may
just be added that it must bear a stamp of one penny,
and that the stamp may be either impressed or
adhesive. A customer, therefore, can draw a cheque
on his banker upon a sheet of notepaper; but he
would be well advised, except under exceptional
circumstances, to use the forms supplied to him.
A cheque is payable either to “order” or to
“bearer”; and, if the latter word be used, then it
does not require indorsing, while should neither word
be upon the document, the cheque is held to be an
“order” one. Either the person to whom it is payable
or the drawer may change a cheque from bearer
to order; and this he would do by running his pen
through the former word; but the drawer alone can
alter an order cheque by writing the word “bearer”
in full and initialling the alteration. If the cheque be
signed by more than one drawer, then all should add
their initials to any correction it may be desirable to
make.
Any person who receives an undated cheque is
entitled to fill in what he believes to be the correct
date, and need not trouble to return it to the drawer
for that purpose. He cannot, of course, make any
alteration in the date, but should, in the event of a
mistake on the drawer’s part, return it to him for
correction, when he (the drawer) would make the
desired alteration and write his initials against it. It
is, perhaps, as well to remember that a certain class
of debtors, who may be described as either “hard
up” or “shady,” have their little peculiarities; and
one of them is to post-date their cheques when they
know that there is not sufficient money at the bank
to meet them. Their object, of course, is to gain
time; and should a payee, upon receiving such a
cheque, have cause to think that he is dealing with
one of these gentlemen, he might pay in the cheque
to his own banker for collection, and write pretty
plainly to the drawer, requesting him to call at his
banker’s and put the cheque in order. Though a
cheque be either post-dated, that is to say, dated so
that it falls due after the day upon which it is drawn,
or dated on a Sunday, the document is not invalidated
thereby.
Most bankers would probably decline to pay a
cheque which had been outstanding more than six
months. The drawer, however, does not cease to be
liable upon the instrument until six years after the
date thereupon; though he may claim damages
against the payee if he can prove that he has suffered
loss through his delay.
Though this practice originated in the United
Kingdom, the French banks have now adopted the
idea, which is as simple as it is undoubtedly useful
and protective to the customer. A cheque may be
crossed either generally or specially—specially, that
is to say, to some bank or to the account of an individual
who keeps an account with a banker.
If a customer draw two parallel lines across the
face of a cheque, thus, / /, he has instructed his banker
not to give cash in exchange for it to the payee across
his counter. It follows that a cheque so marked must
be passed through a banking account. The words
“& Co.” are sometimes written between the lines;
but this addition is almost meaningless, the simple
crossing being all that is required.
A person who draws two parallel lines across his
cheque, gives the following instructions to his banker:
“Do not pay cash over your counter in exchange
for this cheque, which must reach you through a
banker, and be paid to him alone.”
When, therefore, you wish a person to whom your
cheque is made payable to go to your banker’s and
draw the money, you will be careful not to cross it.
Practice, somehow, always seems at war with theory,
and it is not by any means an unusual occurrence for
a lady, after having deliberately told her banker not
to pay cash for her cheque to the presenter, to indignantly
inquire why he did not disobey her behest
and do so. A prudent teller seldom descends to
either argument or explanation, but calmly accepts
such reproof as one of the amenities of his calling, and
resigns himself philosophically to the inevitable.
This description is somewhat misleading, for a
cheque crossed /not negotiable/ is in reality negotiable,
though not so fully as is the one that has been discussed
in the foregoing division. The distinction,
however, is not difficult to grasp. Take a cheque with
two parallel lines across the face simply. Now, if such
a document be lost, and find its way into dishonest
hands, a third party, who gives value in exchange for
it, provided he have no guilty knowledge, has a good
title against all the world, and can compel the drawer
to pay him the sum for which it is made out.
For instance, A draws a cheque for £20 payable to
B, and crosses it /& Co/. B, the payee, after having
written his name on the back of the cheque, loses it.
C picks it up and passes it on to D, who gives him cash
or goods in exchange for it. As B has indorsed the
cheque he will have to bear the loss, even though he
has got A, the drawer, to stop payment of it at his
banker’s.
But had the words “not negotiable” been added,
D could not have enforced his claim, although he was
a bonâ-fide holder for value. A “not negotiable”
cheque warns any holder for value thus:—
“You must, if you part with either cash or goods
in exchange for this document, be prepared to take
all risks upon your own shoulders. The crossing
hereon gives you due notice that you must act upon
your own responsibility, and the law, therefore,
affords you no protection.”
A business man cannot be too careful in dealing
with a cheque thus marked; and unless he be well
acquainted with the holder, he should decline to part
with either cash or goods in exchange for it. One
should never, even if one know that the drawer is a
man of means, and that the signature upon the cheque
is genuine, give value for it to a stranger, as there is
always the danger of one’s having to make good the
loss of any prior holder, who may have been defrauded,
whilst if the payee cannot enforce his claim
against the drawer, then a holder for value cannot.
A “not negotiable” cheque, in short, is analogous
to an over-due bill. Any person who may deal with a
a bill after its maturity does so upon the understanding,
or, better, supposition, that he is acquainted with
any flaw there may be in the title. He may not
know of any; but the law holds that he does. It is
precisely the same with a “not negotiable” cheque.
Cheques, which are crossed in the manner already
described, are said to be crossed generally.
A cheque is said to be crossed specially when one
writes across the face of it, say:—
“A/C John Smith,
Provident Bank of London.”
One may name, in the crossing, any particular bank,
and the banker upon whom the cheque is drawn will
take care that it comes through the channel indicated
thereupon. In the above illustration, for instance,
your banker will see that the cheque has the name of
the “Provident Bank of London” stamped upon it;
and should he not find it there, then he would decline
to pay the document.
Either the payee or the holder of an uncrossed
cheque may cross it generally or specially; and if it
be already crossed generally, then either can cross it
specially, or add the words “not negotiable.”
The drawer alone can do this by writing upon the
cheque the words “pay cash,” and signing his name
beneath them in full.
For all practical purposes one cannot do better than
sign one’s name upon the back of a cheque exactly as
the drawer has written it upon the face, with, of
course, the omission of any courtesy title, such as
Miss, Mr. or Esquire, which are merely there as a
mark of civilization and progress. If one’s name be
spelt incorrectly, then one should back the cheque just
as it is drawn, and write one’s correct name underneath
the misspelt signature. Further, do not bully
the cashier if he make this request of you, for to do
so is the sign of a weak mind.
A cheque payable to John Smith, Esq., or to Mr.
John Smith, should be indorsed:—
“John Smith.”
Doctor John Smith may sign “J. Smith, M.D.”;
and Colonel John Smith, “J. Smith, Colonel.”
These embellishments, however, are as unnecessary
as a flourish would be on the final h of Smith, and, in
a busy age, the sarcastic person, like the law, regards
them as superfluous. A Miss Mary Smith, who has
married a Mr. John Brown, would indorse a cheque
made payable to her in her maiden name:—
“Mary Brown, née Smith.”
If the cheque be made out to Mrs. John Brown, then
she signs:—
“Mary Brown, wife of John Brown,”
or
“Mary Brown (Mrs. John Brown)” in brackets.
Certain ladies of a masterful temperament appear to
entertain a strong objection to signing themselves
“the wife of” such-and-such an individual, as
though the designation smacks of an inferiority of
which they are not conscious; and such susceptibilities
may at least be soothed by placing the opprobrious
term within brackets.
A cheque payable to Mrs. Brown or bearer would
not, of course, require her name upon the back. But
if it were to order, then she would indorse it either M.
Brown or Mary Brown. When the drawer omits
one’s initials, one should write one’s usual signature
upon the back of the cheque; and though it is not
necessary to sign christian names in full, even when
they are so written upon the document, the capital
letters must, of course, agree with those upon the face.
A cheque drawn in favour of Messrs. Robinson is
obviously payable to two or more persons of that
name, so it may be indorsed: “A. & C. Robinson,”
“Robinson & Son,” “Robinson Brothers,” or
“Robinsons.” “Robinson and Nephew” would
not, however, meet the case, for it by no means
follows that the nephew is a Robinson. It is equally
as probable that he may be a Smith or a Jones—or a
somebody else. In practice, provided the cheque be
for a small amount, the paying banker is seldom
squeamish, but when a large sum is in question he
naturally takes care that he is upon the safe side, for
the good man is very human. Where a cheque is
payable to two or more persons, who are not partners,
then all should indorse.
A payee who is unable to write must make his
mark or cross (the trade-mark of the illiterate) in
the presence of a witness, who attests it thus:—
his
George X Brown.
mark
Witness:
Robert White,
55, High Street,
Birmingham.
When the payee (the person to whom a cheque is payable)
writes his name upon the back of an “order”
cheque the document is said to be indorsed in blank,
and becomes in effect payable to bearer. He can,
however, make it payable to another person by writing
above his signature: “Pay Thomas Brown or
order.” Thomas Brown must then indorse the
cheque. Further, any holder may write this request
above the indorser’s signature, thereby converting an
indorsement in blank into a special indorsement.
A restrictive indorsement gives the indorsee no
power to transfer his rights. Hence a cheque indorsed
to “John Smith only” prevents further
negotiation of the instrument. Where a cheque is
payable to, say, John Smith for R. Jones, the payee
simply has to write his own name on the back.
Should the name of a fictitious or non-existing
person be inserted as payee in an order cheque, the
document may be treated as payable to bearer.
Cheques drawn to “cash,” “house,” etc., are so
treated. It is usual, however, for the drawer to indorse
them, just as he would a cheque payable to
“self or order.”
Any executor or administrator can indorse a
cheque made payable to a deceased person, but all
trustees must sign. In practice, a banker usually
guarantees or confirms these indorsements.
Finally it may be added that it is not illegal to
indorse a cheque in pencil, though a banker would
probably decline to honour it on the plea that it
becomes fainter as time progresses. Again, too, an
indorsement may be made on the face as well as upon
the back of a cheque, but the customer, unless he be
of a peculiarly combative temperament, merely
wishes to know what is usual, and we are all aware of
the accepted rule in this instance.
A signature by procuration indicates that the
agent’s power to bind his principal may be, and
probably is, limited. For instance, the agent may
only have authority to indorse cheques and bills, and
if he sign as either drawer or acceptor, he cannot bind
his principal. Moreover, as a procuration signature
operates as notice of his limitations, a holder has no
claim upon his principal, as he should have protected
himself by demanding to see the agent’s letter of
authority.
A customer, when he wishes another person to
draw cheques on his behalf, gives a letter of authority
to his banker, and states therein exactly what his
nominee or agent may do. The authority may only
allow a certain person to sign cheques on his behalf
up to, say, £100, and the banker would, of course,
refuse any cheque drawn in excess of that sum.
Most bankers keep printed forms of this description,
and the customer, if he obtain one, can, by crossing
out what the agent may not do, limit his power to
any extent he thinks necessary. These letters need
not be stamped, and, unless previously revoked,
they continue in force until the bankruptcy, insanity,
or death of the principal.
We can now see that dealing with an agent is not
unattended by certain risks. The banker always
protects himself by ascertaining that an agent really
has authority when he signs the name of a client in
the capacity of either drawer or indorser, but as he
(the paying banker) is not liable upon either a forged
or an unauthorized indorsement, per pro indorsements
are universally accepted by the banks in the
ordinary course of business. They are not, however,
legally obliged to pass them, and a banker may
demand to see an agent’s authority or insist upon
having a confirmation of the indorsement.
An agent usually signs:—
“per pro (or p.p.) John Brown,
Robert Smith.”
It has been held that “p.p. Mr. John Brown, Robert
Smith,” is a good discharge, but the foregoing method
is the more general. There have also been decisions
in favour of the prefixes “pro” and “for,” though
most bankers refuse to pay cheques so indorsed.
Procuration indorsements are not accepted on
dividend-warrants.
A cheque payable to Brown’s Drapery Stores may
be indorsed:—
“p.p. Brown’s Drapery Stores,
Thomas Brown, Proprietor.”
Again, should Thomas Brown receive a cheque,
which, he knows, is intended for him, though made
payable to Thomas Bright, he might sign upon the
back: “p.p. T. Bright, Thomas Brown.” He can
explain the reason for this to his own banker, but the
paying banker will not question the indorsement.
Cheques which are drawn in favour of an establishment
one owns, or of a commodity one sells, can
always be backed “per pro.”
A cheque to the order of a limited or unlimited
company is generally indorsed per pro the company,
and the signer should then state the position he occupies,
whether director, secretary, manager or cashier,
as in the following illustration:—
“p.p. The Hull Shipping Company, Limited,
Walter Wilson,
Manager.”
It is always advisable to sign for or on behalf of a
company, and to state in what capacity one signs, so
as to avoid a personal liability.
An agent who signs under a power of attorney,
usually indorses: “Thomas Brown by his attorney
William Smith.” It is as well to remember that a
power of attorney often confines the agent’s power,
as in the case of a letter of authority, within very
narrow limits, and that the principal is only bound
by its provisions.
The paying banker is not liable upon a forged or
unauthorized indorsement, but the collecting banker
is in the case of uncrossed cheques, and, according to
a recent decision by the House of Lords, may be upon
crossed ones. If a banker credit his customer’s account
with the amount of a crossed cheque after it has
been cleared, he is protected by Section 82 of the
Bills of Exchange Act; but should he credit his
client’s account with the said cheque before he himself
has collected it, then he ceases to be a mere agent,
and becomes a holder for value, and, consequently,
liable upon a forged indorsement. As it is usual,
both in London and the provinces, to credit a customer’s
account with cheques on the day that he
pays them in, it follows that an employer, if his
agent have indorsed crossed cheques without authority
and placed them to an account in his own name,
can recover their amount from his agent’s banker.
The banker is liable to a customer upon any forged
cheque he debits to his account.
A banker, having passed the cash across his counter,
cannot legally demand it back again, and the presenter
may please himself whether or not, if asked, he
will return the money. The banker has no power to
compel him.
This must be done by the drawer or acceptor, as
the case may be, and by him alone. He should write
a note to his banker, giving an exact copy of the
cheque or bill he wishes returned, and the banker
will then mark his ledger and instruct the cashiers to
refuse payment of the document, if presented. Should
he pay the instrument in spite of the customer’s order
to the contrary, he will have to make good any loss
occasioned by his negligence.
The payee or the holder who loses a cheque can,
of course, give notice of his loss to the banker upon
whom it is drawn, and the banker would doubtless
question any presenter, but he, the payee or holder,
must obtain an order from the drawer instructing
his banker to stop payment. The drawer, though he
cannot refuse such a request, may insist upon receiving
security before he issues a fresh cheque. Further,
if the drawer employ the customary means of communication,
such as, for instance, sending his cheque
through the post, or should the payee himself select a
particular channel, then any loss falls upon the latter.
A holder for value, however, provided the cheque be
not tainted with forgery, and that it be not crossed
“not negotiable,” can compel payment from the
drawer, who must then fall back upon his indemnity
should he have issued a duplicate cheque.
When remitting cheques to one’s banker for the
credit of one’s account it is advisable to write across
the face of each: “A/C Payee, with —— Bank of
London.” In the event of a cheque thus marked
getting into dishonest hands no banker would care
to collect it. Where the sender is the holder, and
not the payee, he would, of course, cross the cheque
“A/C John Jones,” etc.
As the paying banker is not liable on a forged
indorsement, it is always desirable to receive an
acknowledgment from the payee of a cheque posted
to him. Should not this come to hand in proper
time, then payment of the cheque might be stopped
at the bank, and the stop removed when the receipt
arrives. It is, perhaps, as well to remember, when
sending a crossed cheque through the post, that the
addition of the words “not negotiable” lessens the
risk of both payee and drawer.
These are the legal property of the drawer; but a
banker is entitled to an acknowledgment from the
customer before he surrenders them.
A customer, whether his account be overdrawn or
not, may pay in a certain sum to his credit, and request
his banker to pay a particular cheque against it.
The person who adopts this procedure is invariably
somewhat “hard up”; and having issued cheques
which, in the aggregate, amount to more than the
balance at his credit, or which would, if presented,
overdraw his account beyond the agreed sum, he is
naturally nervous lest his banker should return one or
two of them. Assuming that he has some half-dozen
cheques in circulation, but is particularly anxious to
pay one to John Smith, who has threatened to
sell him up, for £30, and another for £40 to William
James for rent, then he should pay £70 to his credit,
and write across his paying-in slip: “To provide for
my cheques of £30 to John Smith and £40 to W.
James specially.” The banker, if he accept the slip,
is bound to hold the money against the cheques in
question.
A business man, in order to give himself every
chance, will pay all cheques to the credit of his banking
account upon the day he receives them from his
customers. He has, in the legal sense, until the close
of the first business-day following the day he gets the
cheque, when, if he like, he can post it to his agent,
who has the same time-allowance for presentment,
provided the cheque be not drawn upon a bank in
his own town. If he delay longer any loss incurred
by the drawer through non-presentation will fall
upon the payee’s shoulders. For instance, should
the bank fail, the payee might be saddled with a
bad debt through his delay.
A customer who has a doubtful cheque in his possession,
and who is anxious to know whether the
drawer has funds to meet it, can instruct his banker
to forward the cheque in question direct to the
drawer’s bankers, with the request that they telegraph
back whether or not the cheque is paid. Or
he may ask them to wire only in case of non-payment,
and so save himself the expense of a telegram.
Some companies, when they think a customer will
stand it, charge 1s. for doing this; but one should
decline to pay more than the price of the telegram,
viz., 6d.
It does not follow that, because a banker returns a
cheque, the money is not there to meet it, as, more
often than not, a cheque is sent back for some irregularity
in the indorsement, which can be at once put
right. It is necessary, therefore, before jumping to
conclusions, to carefully examine the words written
upon the document. The following are the usual
answers given by bankers, with their abbreviations:
“R/D” (refer to drawer). Such an answer clearly
implies that the cheque has been dishonoured for lack
of funds.
“Effects not cleared.” Here the client, assumably,
has enough money to meet the cheque, but the
banker has not yet cleared or realized the documents
he has paid in, and the drawer’s credit is so poor that
he will not honour his cheque until this has been
done. A cheque thus marked is usually re-presented,
but, obviously, the drawer is weak.
“N/S” (not sufficient). We gather from this
that the drawer has some money standing to his
credit, though not enough to meet the cheque.
“Words and figures differ” does not require an
explanation, though, perhaps, it may be remembered
that weak drawers have a trick of making mistakes
in order to gain time. “Payment stopped,” “Post-dated,”
“Incomplete,” “Another signature required,”
“Indorsement irregular,” and other answers
that might be given, are self-explanatory. Cheques
returned for these reasons naturally do not reflect
any discredit upon the drawers. Of course, a person
with an open, charitable mind is free to make his own
deductions.
Occasionally a banker returns a customer’s
cheque when he is in funds. Such a mistake generally
occurs through a credit having been posted to
the wrong account, and as often as not the two customers
are blessed with the same surname, though
not with an equal amount of this world’s goods.
Brown, for instance, is not an uncommon name, so
we will assume that a credit of poor Brown’s has been
posted to rich Brown’s account by mistake, and that
the banker returns the former’s cheque for £50
marked “refer to drawer.” Now poor Mr. Brown
has a good case against his banker, and should at
once consult his solicitor, who will see that he gets
compensation for the damage done to his credit.
Most bank-directors, who are modest, retiring
gentlemen, prefer to settle such a case privately, as
it is not thought desirable to advertise the fact that a
mistake of this nature, with their perfect system of
book-keeping, is possible.
In the above instance the customer makes his
mark, which is usually witnessed by his doctor.
Sometimes he authorizes a person to draw cheques
upon his account up to a certain sum, and cancels
the authority upon his recovery.
The man who backs a cheque in order to oblige
a friend should remember that he makes himself
responsible for its payment, and that should his
friend have no money to meet it, he, the indorser, will
be called upon to make good the loss. He does not
merely vouch for the respectability of his friend,
but he also guarantees that his cheque will be duly
honoured upon presentation, which is quite another
matter. One should, therefore, decline to back a
cheque for a stranger upon any consideration.