Maginn v. Dollar Savings Bank
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 264 October Term 1889, Sup. Ct.; court below, No. 1-8 December Term 1887, C. P. No. 1. On September 10, 1887, John Maginn brought assumpsit against the Dollar Savings Bank, to recover a check or order drawn upon the defendant by James McCartney, payable to the order of John Maginn, dated July 19, 1887, for $631. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 264 October Term 1889, Sup. Ct.; court below, No. 1-8 December Term 1887, C. P. No. 1. On September 10, 1887, John Maginn brought assumpsit against the Dollar Savings Bank, to recover a check or order drawn upon the defendant by James McCartney, payable to the order of John Maginn, dated July 19, 1887, for $631. Issue. At tbe trial on May 22,1889, before Collier, J., the plaintiff testified that on July 19, 1887, he received the cheek in suit from James McCartney, stating the circumstances, under which he…
1Opinion of the Court
Per Curt am:
• It was held in Saylor v. Bushong, 100 Pa. 23, that the holder of a check cannot maintain an action thereon in his own name against the drawees, though they have sufficient funds of the drawer, if they refuse to accept it. . This is familar law. It is claimed, however, that the case in hand does not come within this rule, for the reason that the check or order in controversy was for the entire balance due McCartney by the Dollar Savings Bank, upon which it was drawn, and that said order was an equitable assignment of the fund. If we treat it as an equitable assignment, it is…
2Cases cited1 opinion
- Saylor v. BushongSupreme Court of Pennsylvania · 1882
3Cited by10 opinions
- Bryan v. First National BankSupreme Court of Pennsylvania · 1903
- Reilly v. DalySupreme Court of Pennsylvania · 1894
- Howard H. Clark & Co. v. Warren Savings BankSuperior Court of Pennsylvania · 1906
- Erisman v. Delaware County National BankSuperior Court of Pennsylvania · 1896
- Erickson v. InmanOregon Supreme Court · 1898
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