Knights of Joseph Building & Loan Ass'n v. Guarantee Trust & Safe Deposit Co.
Superior Court of Pennsylvania
Appeal, No. 172, Oct. T., 1917, by the Sixth Nat. Bank, from judgment of Municipal Court, Philadelphia Co., May T., 1916, No. 559, on verdict for plaintiff in case of Knights of Joseph Building & Loan Assn. v. Guarantee Trust & Safe Deposit Co. Trespass for failure to pay a check. Before Wheeler, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $544.30. The Sixth National Bank appealed.
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Appeal, No. 172, Oct. T., 1917, by the Sixth Nat. Bank, from judgment of Municipal Court, Philadelphia Co., May T., 1916, No. 559, on verdict for plaintiff in case of Knights of Joseph Building & Loan Assn. v. Guarantee Trust & Safe Deposit Co. Trespass for failure to pay a check. Before Wheeler, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $544.30. The Sixth National Bank appealed. Error assigned was in giving binding instructions for plaintiff. A bank is not liable in damages to its depositor for paying a check of the depositor in…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff, the Knights of Joseph Building & Loan Association, through its proper officers on October 6, 1914, gave its check drawn on the Guarantee Trust & Safe Deposit Company to the order of B. Green. Keisler, the secretary of the association, forged the name of Green as endorser and secured the payment of the check, it having been forwarded through the Sixth National Bank which guaranteed the endorsement. The association was notified of the forgery February 24, 1915, but no notice of this fact was sent to the trust company until April 2, 1915. Appeal is taken by…
2Cases cited8 opinions
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
- Fowler v. Borough of Jersey ShoreSuperior Court of Pennsylvania · 1901
- Marks v. Anchor Savings BankSupreme Court of Pennsylvania · 1916
- Lesley v. EwingSupreme Court of Pennsylvania · 1915
- Road Commissioners v. FickingerSupreme Court of Pennsylvania · 1865
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3Cited by4 opinions
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- Alloy Metal Wire Company, Inc., AppealSupreme Court of Pennsylvania · 1938
- Levin v. Northwestern National BankSuperior Court of Pennsylvania · 1943
- Johnson v. First National BankSupreme Court of Pennsylvania · 1951