Question 490.— A gives his cheque to B in payment of an indebtedness on the evening preceding a legal bank holiday. The bank remains open for the transaction of business on the holiday, when A withdraws the balance of his credit, thus cutting the holder of the cheque out of his money. Has the holder of the cheque any recourse against the bank? His plea would be that he naturally assumed that the bank was not open on the holiday and held his cheque until the first business day thereafter, when he found the funds had been withdrawn?

Answer.—A bank is under no obligation whatever to the payees or holders of unmarked cheques. There is nothing to hinder the bank making payments to its customers outside of the regular business hours, whether on a legal holiday or not, and its sole obligation is to pay its customer's cheques when presented, if it then has funds in hand to meet them.