| He further represented that he had the bank's authority to make a direct contract between it and the payee by the use of the cheque card. |
| In other words, it must pay the payee, and anyone to whom the supplier negotiates the bill. |
| Whether such an instruction qualifies the order to the bank or is directed to the payee is a question of fact. |
| Under this rule it is even held that payment of a check to a payee bearing the same name as the payee intended by the drawer is a mispayment. |
| Where a cheque or bill is payable to order, it must specify the identity of the payee with reasonable certainty. |
| Extreme caution is needed where cheques are crossed and marked account payee only. |
