MARSHALL v. THE COLONIAL BANK OF AUSTRALASIA LTD.

29 VLR 804·A’BECKETT, J., HODGES, and HOOD, JJ.
29 VLR 804
29 VLR 804
MARSHALL v. THE COLONIAL BANK OF AUSTRALASIA LTD. Supreme Court of Victoria (Full Court) A’BECKETT, J., HODGES, and HOOD, JJ. June 4, 07 June 1904 Banker and customer — Cheque, fraudulent alteration of — Negligence of customer in filling up cheque .

A cheque was drawn by one of three executors in such a way as to permit of the spaces left in the cheque being filled up. The cheque in this form was signed by all the executors, and the executor who had thus drawn the cheque subsequently filled in the spaces with letters and figures for a far larger sum than the amount of the cheque as presented to the other two executors for their signature, and the banker paid the same, and the first executor misappropriated the amount representing the altered cheque.

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