Young v Grote and Others
| Jurisdiction | England & Wales |
| Judgment Date | 18 June 1827 |
| Date | 18 June 1827 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 764
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 12 Moore, 484; 5 L. J. C. P. (O. S.) 165. Commented on, Societe Generale v. Metropolitan Bank, 1873, 27 L. T. 856. Applied, Halifax Union v. Wheelwright, 1875, L. R. 10 Ex. 191. Discussed, Arnold v. Cheque Bank, 1876, 1 C. P. D. 586. Distinguished, Johnson v. Credit Lyonnais, 1877, 3 C. P. D. 43. Distinguished, Baxendale v. Bennett, 1878, 3 Q. B. D. 530. Referred to, London and South Western Bank v. Wentworth, 1880, 5 Ex. D. 105; Garrard v, Lewis, 1882, 10 Q. B. D. 32. Discussed, Merchants of the Staple v. Bank of England, 1887, 21 Q. B. D. 167, 172. Considered, Bank of England v. Vagliano, [1891] A. C. 136, 170. Commented on, Scholfield v. Londesborough, [1896] A. C. 514. Considered, Union Credit Bank v. Mersey Docks and Harbour Board, [1899] 2 Q. B. 210. Discussed, Imperial Bank of Canada v. Bank of Hamilton, [1903] a. C. 54. Commented on. Colonial Bank of Australasia v. Marshall, [1906] A. C. 565. Referred to, Smith v. Prosser, [1907] 2 K. B. 746. Discussed, Kepitigalla Rubber Estates, Limited v. National Bank of India, [1909] 2 K. B. 1022.
[253] casks argued and determined in the court of common pleas, and other courts, in trinity term, in the eighth year of the reign of george IV. young v. grote and others. June 18, 1827. [S. C. 12 Moore, 484; 5 L. J. C. P. (0. S.) 165. Commented on, SoctitA Gin&rale v. Metropolitan Sank, 1873, 27 L. T. 856. Applied, Halifax Union v. Wheelwright, 1875, L. R. 10 Ex. 191. Discussed, Arnold v. Cheque Bank, 1876, 1 C. P. D. 586. Distinguished, Johnson v. Credit Lyonnais, 1877, 3 C. P. D. 43. Distinguished, Baxendale v, Bennett, 1878, 3 Q. B. D. 530. Referred to, Lmdm and Smith Western Bank v. fPentworth, 1880, 5 Ex, D. 105 ; Garrard v. Lewis, 1882, 10 Q. B. D. 32. Discussed, Merchants of the Staple v. Bank of England, 1887, 21 Q. B. D. 167, 172. Considered, Bynk of England v, Fagliano, [1891] A. C. 136, 170. Commented on, Scholfield v. L&ndesborough, [1896] A. C. 514. Considered, Union Credit Bank v. Mersey Docks and Harbour Board, [1899] 2 Q. B. 210. Discussed, Imperial Bank of Canada v. Bank of Hamilton, [1903] A. C. 54. Commented on, Colonial Bank of Australasia v. Marshall, [1906] A. C. 565. Referred to, Smith v. Prosser, [1907] 2 K. B. 746. Discussed, Kepitigalla Buhber Estates, Limited v. National Bank of India, [1909] 2 K. B. 1022.] A customer of a banker delivered to his wife certain printed checks signed by himself, but with blanks for the sums, requesting his wife to fill the blanks up according to the exigency of his business. She caused one to be filled up with the words, fifty pounds two shillings, the fifty being commenced with a small letter, and placed iu the middle ;of a line ; - the figures 50, 2s. were also placed at a considerable distance from the printed : - in this state she delivered the check to her husband's clerk to receive the amount ; whereupon he inserted at the beginning of the line in which the word fifty was written, the words three hundred and, and the figure 3 between the and the 50. - The bankers having paid the 3501. 2s. : Held, that the loss! must fall on the customer. An; arbitrator, to whom disputes between the above parties had been referred, found by his award that George Grote the elder, William Willoughby Prescott, George YOUNG V. OROTE 765 Grote tba younger, and William George Presoott, were entitled to retain the sum of three hundred and [264] fifty pounds two shillings and...
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