High Court Wellington
29, 30 August; 21 September 1984
Davison CJ
29, 30 August; 21 September 1984
Davison CJ
Bankers and banking — Cheque — Conversion — Bank credited third party cheque marked "Not Negotiable A/C Payee Only" to a solicitor customer's trust account — No inquiry was made by the bank as to the rights of the solicitor to lodge the cheque in his trust account — Solicitor embezzled the money — Whether bank was liable to the cheque's true owner for conversion — Whether bank had acted negligently — Cheques Act 1960, s 5.
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