Colonial Trust Co. v. National Bank
Superior Court of Pennsylvania
Appeal, No. 27, April T., 1912, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1911, No. 296, for plaintiff on case stated in suit of Colonial Trust Company v. National Bank of Western Pennsylvania. Assumpsit to recover back money paid on a forged check. The check upon which the suit was brought was as follows: “Pittsburg, Pa., Dec. 20th, 1909. No. THE COLONIAL TRUST COMPANY, No. 317 Fourth Ave.
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Appeal, No. 27, April T., 1912, by defendant, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1911, No. 296, for plaintiff on case stated in suit of Colonial Trust Company v. National Bank of Western Pennsylvania. Assumpsit to recover back money paid on a forged check. The check upon which the suit was brought was as follows: “Pittsburg, Pa., Dec. 20th, 1909. No. THE COLONIAL TRUST COMPANY, No. 317 Fourth Ave. Pay to the Order op William J. Whortenstein $160.00 One Hundred Sixty...................Dollars Foley Bros. Endorsements: William J. Whortenstein Samuel S. Sidle. Pay to the Order…
1Opinion of the Court
Opinion by
Head, J.,
The defendant bank, in the ordinary course of business, became the holder of a check on the plaintiff bank purporting to have been drawn by a depositor of the latter. The check had previously passed through the hands of several holders, each of whom had indorsed it. The defendant in turn indorsed it, guaranteed all previous indorsements, and through the clearing house presented it to the plaintiff for payment. It was paid. The case stated for the opinion of the court declares that “within a reasonable time thereafter plaintiff was informed by its said depositor that the…
2Cases cited7 opinions
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
- Iron City Nat. Bank v. Fort Pitt Nat. BankSupreme Court of Pennsylvania · 1893
- Commonwealth v. Easton BankSupreme Court of Pennsylvania · 1849
- Erie v. BootzSupreme Court of Pennsylvania · 1872
- Hannon v. Allegheny Bellevue Land Co.Superior Court of Pennsylvania · 1910
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3Cited by3 opinions
- Union National Bank v. Franklin National BankSupreme Court of Pennsylvania · 1915
- First National Bank v. Deposit Guaranty Bank & Trust Co.Mississippi Supreme Court · 1963
- Judge v. West Philadelphia Title & Trust Co.Superior Court of Pennsylvania · 1917