MILTON v. YASUDA.

(1925) 22 Ll L Rep 172

MARYLEBONE COUNTYCOURT.

Before His Honour Judge Scully.

Negotiable instruments-Cheque-Payment of rent to landlord's agents by crossed cheque-Cheque endorsed by agents to order of landlord, posted to landlord and stolen in post-Receipt for rent sent by agents to tenant-Crossing of cheque obliterated - Payment negligently made to thief's messenger by bank - Presumption that a cheque is given and taken by way of conditional payment only - Condition that debt is deemed to be paid when cheque delivered subject to payment being defeated if cheque dishonoured upon due presentation-Whether cheque duly presented.