Acórdão nº 9750408 de Court of Appeal of Porto (Portugal), 22 de Setembro de 1997
| Magistrado Responsável | SIMÕES FREIRE |
| Data da Resolução | 22 de Setembro de 1997 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR RESP CIV. DIR COM - DIR TIT CRÉDITO.
Jurisprudência Nacional: AC STJ DE 1980/05/22 IN BMJ N297 PAG373. AC STJ DE 1969/05/16 IN BMJ N187 PAG145. AC STJ DE 1993/11/10 IN CJSTJ T3 ANOI PAG130. AC RE DE 1990/12/13 IN CJ T5 ANOXV PAG265.
Sumário: I - Sobre o banqueiro recai o dever de pagar o cheque à sua apresentação e, por outro lado, o dever de diligência na verificação da assinatura do cliente. Sobre este recai o dever de guardar cuidadosamente os cheques e avisar o banco logo que dê pelo seu extravio. II - Verificado que a assinatura aposta no cheque corresponde à usada pela falecida titular da conta, havendo o dever de pagar por parte da ré Caixa Geral de Depósitos, dado que se tratava de um cheque ao portador, sendo aquele um cheque de entrega pessoal aos depositantes, não se encontra fundamento para a culpa da ré...
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