This section of the book is from the "Canadian Banking Practice" book, by John T. P. Knight.
Question 325.— Are the vouchers issued by the Grand Trunk Railway and Canadian Pacific Railway Companies, cheques ? An article in the English Bankers' Magazine calls attention to a judgment declaring that even cheques on a bank requiring the receipt of the payee to be attached, do not come under the Bills of Exchange Act.
Answer.—A cheque must be an unconditional order to pay and must be addressed to a bank. We are inclined to think each of the documents referred to would be held to be addressed to a bank. There does not appear to be anything in the case of the Grand Trunk order which can be said to make it conditional. No receipt seems to be required before payment is to be made. The better opinion would seem to be that this document is a cheque.
The Canadian Pacific order requires, in case of payment by an agent, that it be first " properly endorsed," and the form of the receipt being on the back of the order, a " proper endorsement" would possibly be held to be a signature of the receipt, and nothing less. But there is nothing in the body of the order—that portion of the document which directs the Bank of Montreal to pay to the order of the payee— expressly making the signing of the receipt a condition without fulfilment of which the bank is not to pay, and we do not find anything which satisfies us that in the case of the bank, such a condition is implied.