Scott & Brother v. National Bank
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Chester county: Of January Term 1874, No. 193. This was an action on the case brought October 14th 1872, by John Scott, Jr., and Amos Scott, trading as Scott & Brother, against the National Bank of Chester Valley to recover the value of four government bonds, each of $1000, which had been placed by the plaintiffs with the bank for safe-keeping, and which had been stolen by John S. Martin, a clerk or teller of the bank.
Read the full summary
Error to the Court of Common Pleas of Chester county: Of January Term 1874, No. 193. This was an action on the case brought October 14th 1872, by John Scott, Jr., and Amos Scott, trading as Scott & Brother, against the National Bank of Chester Valley to recover the value of four government bonds, each of $1000, which had been placed by the plaintiffs with the bank for safe-keeping, and which had been stolen by John S. Martin, a clerk or teller of the bank. The bank was located in Coatesville ; the plaintiffs were storekeepers in the neighborhood and had kept an account with the bank from its…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, C. J.
— As early as the case of Tompkins v. Saltmarsh, 14 S. & R. 275, it was decided that a delivery of a package of money to a gratuitous bailee, to be carried to a distant place, and delivered to another for the benefit of the bailor, imposes no'liability upon the bailee for its safe-keeping, except for gross negligence. In that case, the package was stolen from the valise of the bailee, at an inn, in the course of his journey, after it had been carried to his room, in the usual custom of inns in that day (1822). The same rule is laid down by…
2Cited by11 opinions
- State Ex Rel. Sofeico v. HeffernanNew Mexico Supreme Court · 1936
- Kegan v. Park BankSupreme Court of Missouri · 1928
- Sherwood v. Home Savings BankSupreme Court of Iowa · 1906
- Bernstein v. Northwestern National Bank in PhiladelphiaSuperior Court of Pennsylvania · 1944
- Weissburg v. Peoples State Bank of N. K.Supreme Court of Pennsylvania · 1925
6 more not listed; retrieve them via the Exa API.