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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク BMP Global Distribution Inc v Bank of Nova Scotia ： ウィキペディア英語版 BMP Global Distribution Inc v Bank of Nova Scotia ''BMP Global Distribution Inc v Bank of Nova Scotia'', , is a significant case of the Supreme Court of Canada on the law of restitution and tracing, in this case dealing with a bank's right to recover funds paid by mistake on the deposit of a fraudulent cheque. ==The facts== BMP, a company that distributed non-stick bakeware, entered into an agreement with a third party for selling the rights to distribute such goods in the United States. Subsequently, it received an unendorsed cheque of $904,563 payable to BMP. The cheque was drawn on the account of a company at the Royal Bank of Canada (“RBC”). Neither this company nor the name of the sender of the envelope containing the cheque was known to BMP, or was apparently linked to the business purchasing the right to distribute the bakeware. BMP banked with the Bank of Nova Scotia ("BNS"), and arranged to deposit the cheque into its account there. After the cheque had cleared and the funds were subsequently released to BMP, several transfers took place over the following ten days to other accounts at BNS held by BMP's principals and a related company. RBC subsequently notified BNS that the cheque for $904,563 was counterfeit, as the drawer’s signatures were forged and asked for BNS’s assistance. BNS interrupted all transactions in BMP’s account and in all related accounts and asked BMP for assistance in recovering the proceeds of the forged cheque. BMP insisted on retaining the amount it still held. BNS then restrained the funds in accounts under its control that it linked to the forged cheque. RBC and BNS entered into an agreement by which BNS was, at RBC’s request, to transfer the restrained funds to RBC and RBC was to indemnify BNS for any losses related to the restraint and transfer. BNS transferred $777,336 to RBC. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「BMP Global Distribution Inc v Bank of Nova Scotia」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.