Equitable Securities Ltd v Neil - [1987] 1 NZLR 233

Commercial law — Bills of exchange — Delivery — Conditional delivery of cheque — Creditor was owed two debts — Debtor defaulted in payment of first debt and bankruptcy proceedings were instituted — Matter settled on basis that debtor would pay a stated amount — Cheque delivered "in full and final settlement of the balance outstanding" without it being made precisely clear whether it referred to one or both debts — Creditor banked cheque — Debtor claimed that cheque was in full any final settlement of both debts — Whether delivery of cheque was conditional on it being accepted in full and final settlement of bankruptcy proceedings — Whether debtor could widen the condition to include his liability under the second debt — Bills of Exchange Act 1908, s 21(2)(b).