Question 50.— A customer of a bank has $100 at credit of his account and issues a cheque for that amount. Before the cheque is presented an acceptance for $50 is presented and is charged to his account. The cheque is afterwards presented and dishonoured on account of insufficient funds. The customer threatens suit for damages, giving as his reason that the bank was not within its right in charging the acceptance, which he did not wish paid. He has not, however, expressed such a wish to the bank. Has he any legal grounds for instituting suit ?

Answer.—If the acceptance was made payable at the bank, the bank was justified in charging it to the customer's account unless specific instructions were given to the contrary.