This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
Question 63.— A draft drawn as follows: " Pay to the order of myself at the Canadian Bank of Commerce, Montreal," is sent to the Merchants Bank of Canada, Montreal, for collection, and accepted payable at the latter bank. Where should the draft be presented when due? Should the latter pay it, seeing that there may be doubt as to where it is really payable ?
Answer.—Section 19, 2a, declares this acceptance to be "not conditional or qualified," therefore it is a general acceptance, that is, an unqualified assent by the drawee to the order of the drawer, in this case, and undertaking to pay as the drawer has instructed, namely, at the Canadian Bank of Commerce. The bill may therefore be presented for payment at the latter bank.
Sub-section 2 of section 45 (sec d 1) declares that where a place of payment is specified in the bill or acceptance, and the bill is there presented, such presentment is properly made. Under this rule it would seem proper to present the bill at the place named by the acceptor, so that the effect of the whole is to give the holder the right to present for payment at either place. The provisions in the Act were evidently intended to legalize the previously existing practice of naming the place of payment in the acceptance, and not in the body of the bill (a practice of unquestioned convenience), and there has been no case before the courts since, where a different place of payment has been named in each. As the cases must be rare we should think it best to present such acceptances at both places named and so avoid all doubt.
There is, we think, no question of the right of the bank at which the acceptor has domiciled the bill to pay it on his behalf if this payment is otherwise in order. In doing so it is acting on the acceptor's authority.