Woodland, Public Officer of Stuckey's Banking Company v Fear
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1857 |
| Date | 01 January 1857 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 1339
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 26 L. J. Q. B. 202; 3 Jur. N. S. 587; 5 W. R. 624. Explained and not applied, Prince v. Oriental Bank, 1878, 3 App. Cas. 332.
[519] woodland, Public Officer, of Stuckey's Banking Company, against fear, 1857. A joint stock banking Company carried on business, by means of branches, at various places ; amongst others, at G. and B. The Company was one ; but each branch kept separate accounts, had separate customers, and in all respects transacted business like a separate bank. Defendant, holder of a cheque drawn oir the G. branch, by a person who kept an account there, got cash for it at the B. branch. The cheque was without laches forwarded by the B. branch to the G. branch. When it was cashed the balance in the G. branch to the credit of the drawer exceeded the amount of the cheque ; but when it arrived at G. that balance had been paid away, and the cheque was dishonoured. - -The Company having sued for money had and received, on the ground of failure of consideration, - Held : tbat they were entitled to recover, as the B. branch could not, under the circumstances, be considered as honouring the cheque, nor as purchasing it, but as taking it from defendant on his credit, as they might have done a cheque drawn on any other bank : the circumstance that the banks at G. and B. were branches of the same Company being, for this purpose, immaterial. [S. C. 26 L. J. Q. B. 202 ; 3 Jur. N. S. 587 ; 5 W, E. 624. Explained and not applied, Prince v. Oriental Bank, 1878, 3 App. chs. 332.] Money had and received. Plea : Never indebted. The case was tried before Channel! Serjt., at the Somerset Summer Assizes, 1856. The following statement of the facts is taken from the judgment of this Court. "The plaintiff sued as the public officer of a banking Company, called Stuckey's Banking Company, which has banking establishments or branches at many of the principal towns in Somersetshire ; among others, at Glastonbury and Bridgwater. The Company is one, and has one public officer; but each establishment has a separate manager, keeps separate accounts, with separate customers, and delivers out distinct cheque books, headed with the name of the place at which it carries on business. One Helyar kept an account with the establishment at Glastonbury, and, having to make a payment to the defendant of 391., paid him, on...
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