Imperial Bank of Canada v. Bank of Hamilton, , 31 S.C.R. 344 (1901)
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Imperial Bank of Canada v. Bank of Hamilton, , 31 S.C.R. 344 (1901)
Supreme Court of Canada
Imperial Bank of Canada v. Bank of Hamilton, 31 S.C.R. 344Date: 1901-05-21Imperial Bank of Canada (Defendant) Appellant;andThe Bank of Hamilton (Plaintiff) Respondent.1901: March 26, 27; 1901: May 21.Present: Sir Henry Strong C.J. and Gwynne, Sedgewick and Girouard JJ.(King J. was present at the hearing but died before judgment was delivered.)ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.Marked cheque-Fraudulent alteration-Payment by third party-Liability for loss-Negligence.A. man dealing with others is under no duty to take precautions to prevent loss to the latter by the criminal acts of third persons, and the omission to do so is not, in itself, negligence in law.B. having an account for a small amount in the Bank of Hamilton had a cheque for five dollars marked good, and altering it so as to make it a cheque for $500, had it cashed by the Imperial Bank. The same day it went through the clearing house and was paid by the Bank of Hamilton to the Imperial Bank. The error was discovered next day by the former, and re-payment demanded from the Imperial Bank and refused. The Bank of Hamilton then brought an action to recover from the Imperial Bank $495, the sum overpaid on the cheque. The defendant contended that the note as presented to be marked good was so drawn as to make the subsequent alteration an easy matter, and the plaintiff's act in marking it in that form was negligence which prevented recovery.Held, affirming the judgment of the Court of Appeal (27 Ont. App. R. 590), which affirmed that at the trial (31 O.R. 100), that there was nothing in the circumstances to take the case out of the rule that money paid by mistake can be recovered...See the full content of this document
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