BURNETT V
1/23/2015
BURNETT v. WESTMINSTER BANK, LTD. | Islamicbanker's Weblog
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BURNETT v. WESTMINSTER BANK, LTD.
BURNETT v. WESTMINSTER BANK, LTD.
QUEEN’S BENCH DIVISION
[1966] 1 QB 742, [1965] 3 All ER 81, [1965] 3 WLR 863, [1965] 2 Lloyd’s Rep 218, 8 Legal Decisions
Affecting Bankers 424
HEARING-DATES: 31 May, 1, 25 June 1965
25 June 1965
CATCHWORDS:
Bank — Cheque — Condition restricting use — New cheque book on bank’s change to computer mechanisation — Cheque book bearing on cover notice that it was only to be used for account for which issued — Cheque altered by customer for use for account with another branch, which was later instructed by customer not to pay cheque — Ink alterations not capable of being read by computer —
Cheque met by branch issuing cheque book — Whether notice on cover and used of cheque book by customer varied pre-existing contract between bank and customer.
HEADNOTE:
The plaintiff had, and for some years had had, accounts at the Borough branch and at the Bromley branch of the defendant bank. In January, 1964, the Borough branch issued to the plaintiff a cheque book which had printed on the front a notice that “the cheques… in this book will be applied to the account for which they have been prepared”. This notice had not appeared on his previous cheque books, and was introduced because the cheques were specially designed for use in a computer system, making use of magnetised ink which the central computer could read. The plaintiff knew of the existence of words on the cheque book cover, but was not proved to have read this notice. In January,
1965, the plaintiff drew a cheque on one of the forms from this cheque book, but crossed out the word https://islamicbanker.wordpress.com/islamic-banking-banking-law-cases/burnett-v-westminster-bank-ltd/ 1/27
1/23/2015
BURNETT v. WESTMINSTER BANK, LTD. | Islamicbanker's Weblog
“Borough” at the top, and inserted “Bromley”, and altered the address
BURNETT v. WESTMINSTER BANK, LTD. | Islamicbanker's Weblog
Islamicbanker’s Weblog
Just another WordPress.com weblog
BURNETT v. WESTMINSTER BANK, LTD.
BURNETT v. WESTMINSTER BANK, LTD.
QUEEN’S BENCH DIVISION
[1966] 1 QB 742, [1965] 3 All ER 81, [1965] 3 WLR 863, [1965] 2 Lloyd’s Rep 218, 8 Legal Decisions
Affecting Bankers 424
HEARING-DATES: 31 May, 1, 25 June 1965
25 June 1965
CATCHWORDS:
Bank — Cheque — Condition restricting use — New cheque book on bank’s change to computer mechanisation — Cheque book bearing on cover notice that it was only to be used for account for which issued — Cheque altered by customer for use for account with another branch, which was later instructed by customer not to pay cheque — Ink alterations not capable of being read by computer —
Cheque met by branch issuing cheque book — Whether notice on cover and used of cheque book by customer varied pre-existing contract between bank and customer.
HEADNOTE:
The plaintiff had, and for some years had had, accounts at the Borough branch and at the Bromley branch of the defendant bank. In January, 1964, the Borough branch issued to the plaintiff a cheque book which had printed on the front a notice that “the cheques… in this book will be applied to the account for which they have been prepared”. This notice had not appeared on his previous cheque books, and was introduced because the cheques were specially designed for use in a computer system, making use of magnetised ink which the central computer could read. The plaintiff knew of the existence of words on the cheque book cover, but was not proved to have read this notice. In January,
1965, the plaintiff drew a cheque on one of the forms from this cheque book, but crossed out the word https://islamicbanker.wordpress.com/islamic-banking-banking-law-cases/burnett-v-westminster-bank-ltd/ 1/27
1/23/2015
BURNETT v. WESTMINSTER BANK, LTD. | Islamicbanker's Weblog
“Borough” at the top, and inserted “Bromley”, and altered the address