British Columbia affirming the order made by Clement J., at the trial, who withdrew the case from the jury and dismissed the action with costs.
The action, by the present appellant, claimed damages from the bank for alleged wrongful refusal to cash the plaintiff's cheque upon his deposit account at the office of the bank where the cheque was presented for payment, there being, at the time of presentation, at the credit of his account sufficient funds to meet the amount of the cheque, which was duly drawn and indorsed.
The defence was non-presentment.
It appeared that a clerk from the bank which held the cheque presented it at the office of the defendant bank upon which it was drawn, but at the wrong ledgerkeeper's wicket, and was directed to present it at another wicket to the clerk there who had charge of the ledger containing the drawer's account. There was no evidence that this was done, but the bank which held the cheque sent out a telegram stating that the drawer had no account. At the close of the plaintiff's evidence the trial judge withdrew the case from the jury for want of sufficient evidence, and his order was affirmed by the judgment appealed from.
After hearing counsel on behalf of the appellant and without calling upon counsel for the respondent, the Supreme Court of Canada dismissed the appeal with costs.
Lafleur K.C. for the appellant.
Bicknell K.C. for the respondent.