This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
Question 390.— (1) Mrs. Smith's maiden name was Mary Jones. She presents to a bank for payment a cheque payable to Mary Jones. Has she authority to endorse " Mary Jones."
Are there any legal points involved in this case?
(2) If she holds mortgages must she have her name on these changed?
Answer.—(1) A cheque given to a married woman, drawn payable in her maiden name, is clearly her property, and she has a right to endorse it in her maiden name. It is customary in such cases, to have the endorsement made in some such way as this:
" Mary Jones, wife of John Smith. Mary Smith."
There are no legal points involved. The question is purely one of identity.
(2) Mortgages taken in her maiden name are not affected by her marriage. There are different ways in which assignments and releases are drawn in such cases. She might, for example, be described in the document as " Mary Smith, wife of John Smith, etc., formerly known as Mary Jones, of the town of...., Spinster." In this case, also, it is merely a question of making the identity clear.