In what circumstances will a banknote be made out as a note of the bank, but not the bank's name?
Saskatchewan, Canada
The following excerpt is from Hamilton v. Retailers' Trust Company (Trustee), 1965 CanLII 382 (SK QB):
In Brown v. Howland (1885) 9 OR 48, affirmed 15 OAR 750, it was held that where it was the intention that a note should be given on behalf of a company but the secretary and manager of the company signed it in their own names and neglected to insert the company’s name, parol evidence was admitted to show that the intention was that the note was to be made out as a note of the company and that it was not completed as intended.
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