DELIVERY AND PAYMENT. 



29 



in tlie name of the payee, it was held by the Court of 

 Exchequer that this was no evidence of payment [g). 



Where there is a sale of specific chattels, and a bill is 

 given in payment, though the vendor has then lost his lien 

 in the strict sense of the word, yet, if afterwards an in- 

 solvency happens, and the bill is dishonoui'ed, then the 

 vendor has a right somewhat analogous to that which a 

 vendor has over goods in transitu, and if they are still in 

 his hands, he has a right to withhold the delivery of the 

 goods (/*). 



If a creditor employs an agent to receive money from a 

 debtor, and the agent, instead of so doing, writes off a debt 

 due from himself to the debtor, his debtor is not thereby 

 discharged, unless indeed there is a subsequent ratification 

 by the creditor of the act of his agent («). 



If a creditor is offered cash in payment of his debt, or a 

 cheque upon a banker from an agent of his debtor, and he 

 prefers the latter, this does not discharge the debtor if 

 the cheque be dishonoured ; although the agent fails with 

 a balance of his principal in his hands to a larger amount (k). 

 The creditor must, however, present the cheque within a 

 reasonable time {I). 



If a creditor prefers a bill of exchange accepted by a 

 stranger to ready money from his debtor, he must abide 

 the hazard of the security he takes (w) . 



By the order of the creditor, a debt may be paid to a 

 third party, who, if he take payment in any other way 

 than in money, or if he give the debtor further time, 

 without the knowledge of the creditor, he does it at his 

 peril («). 



Sunday Dealing. 



By a law of King Athelstan, all " merchandizing on the 

 Lord's Day " is prohibited, and it is thus laid down : " Die 

 autem Dominico nemo mercaturam facito ; id quod si quis 

 egerit, et ipsa merce, et 30 prceterea solidis muldator " (o). 



And by 29 Car. 2, c. 7, s. 1, which is " An Act for the 

 better Observation of the Lord's Day," it is enacted, "that 



Dishonoured 

 bfll. 



Writing off 

 debt by agent 

 to agent. 



Banker's 

 cheque. 



Bill of 

 exchange. 



Debt paid to 

 a third party. 



Law of King 

 Athelstan. 



Statute of 

 Charles 2. 



ig) Oordon T. Strange, 1 Ex. 477. 



(/s) PerCrompton, J., Griffiths y. 

 Ferry, 28 L. J., Q,. B. 204. See 

 also Sale of Goods Act, 1893, ». 39, 

 sub-s. (2). 



(i) Underwood T. Nichols, 25 L. 

 J., C. P. 79. 



(Jc) Everett v. Collins, 2 Camp. 



515; 11 E. E. 785. 



[I) Hopkins v. JVare, L. E., 4 

 Ex. 268; SSL. J., Ex. 147. 



(m) See per Lord EUenborough, 

 Everett Y. Collins, 2 Camp. 616; 11 

 K. E. 785. 



(») Smithy. Ferrand, 7 B. & C. 19. 



(o) 2 Inst. cap. 31, p. 220. 



