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Diamond Enthusiast


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Diamond Enthusiast
 2005 Enthusiast of the Year
| quote: Originally posted by DorianGreyed: I think I read, years ago, that a check written on the side of a cow was deemed a legal check. It was, no doubt, very difficult to scan. So much for the cash cow story.
A P Herbert's story was based on the legal fact that there was no definition of 'instrument' in the relevant English laws e.g The Bills of Exchange Act. So, by his argument,it did not matter on what the cheque or other bill of exchange was written provided that the other requirements of the law were complied with. In fact there have been instances in England where people have written cheques on bovine quadripeds and the 'cheque' has been negotiated. However these stunts have depended on the good grace, and sense of humour, of the bank concerned. From memory, they have mostly been cases where the cheque was for charity though there was certainly one where the drawer of the cheque was protesting about some absurd and misapplied imposition of a local tax.  In more serious real life it was once not unusual for a diner in a restaurant to make use of any bit of paper or suitable object instead of a cheque form. A lawyer friend once, long ago, used a restaurant's napkin as a cheque to pay their bill, he not having any cheque forms. He did have a twopenny postage stamp, then required to be affixed on any cheque, so the transaction proceeded. The bank accepted this unusual 'document'. In those days banks did all processing by hand and hand-written ledgers so this activity did not upset any system much. The fictional Haddock was used by his creator to more serious effect. Some of the Haddock cases were to highlight the absurdities of our then laws on divorce, for example, that being a subject in which Herbert was a serious and ultimately effective reformer. All have provided generations of English law students with amusement and, incidentally, a good insight into how a young lawyer should never take any law as gospel or sensible merely because it had been passed by some Parliament or because 'we have always thought or acted that way' Some of us are still wondering what the answer is to the question of who has right of way if a rowing boat on the Thames (rule of the road 'drive on the right' ) collides with a car (rule of the road 'drive on the left') on a tideway, a road by the river, which happens to be flooded by a high tide. That was one of Haddock's conundrums but happily one which, so far as we know, has yet fallen to be decided. It could yet happen, though.  | | | | Posts: 13036 | Location: Newmarket, UK/ Antibes, S.France | Registered: 07-14-02 |  
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