Rapp v. National Sec. Bank
Pennsylvania Court of Common Pleas, Philadelphia County
No. 207 January Term 1890, Sup. Ct.; court below, No. 741 December Term 1885, C. P. No. 4. On December 22, 1885, Jesse Rapp, Jesse Y. H. Rapp and Reuben B. Rapp, trading as Jesse Rapp & Sons, brought assumpsit against the National Security Bank of Philadelphia, to recover a balance alleged to be due to the plaintiffs, as depositors in the defendant bank. The pleas were non-assumpsit, set-off, and payment with leave. Jesse Rapp, Sr., one of the plaintiffs died before trial.
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No. 207 January Term 1890, Sup. Ct.; court below, No. 741 December Term 1885, C. P. No. 4. On December 22, 1885, Jesse Rapp, Jesse Y. H. Rapp and Reuben B. Rapp, trading as Jesse Rapp & Sons, brought assumpsit against the National Security Bank of Philadelphia, to recover a balance alleged to be due to the plaintiffs, as depositors in the defendant bank. The pleas were non-assumpsit, set-off, and payment with leave. Jesse Rapp, Sr., one of the plaintiffs died before trial. The case was first tried on May 15, 1889, when a verdict was rendered in favor of the plaintiffs for $920, but a rule for…
1Opinion of the Court
*435Opinion,
Mb. Chief Justice Paxson :
■'This was a suit against the defendant bank to recover an alleged balance of $900. There was no dispute that they would have been entitled to this balance but for the reason that a raised check, which they had deposited for collection, and for which they had received credit, had been charged back to them. The facts in regard to this check are substantially as follows:
The plaintiffs are dealers in furniture. On the 12th of August, 1885, a stranger, introducing himself as L. H. Martin, called at their place of business to buy furniture. He selected goods to…
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