Legal Opinion

First National Bank v. McMichael

Supreme Court of Pennsylvania

Decided October 6, 1884No. 162PublishedCited by 4 opinions

Error to the Court of Common Pleas, of Northumberland county: Of July Term, 1888, No. 162. Assumpsit, by Charles B. McMichael against the First National Bank of Northumberland upon two checks dated March. 5th and 10th, 1875, for $510 each, drawn by the National Fire Insui’anco Company of Philadelphia upon the defendant bank, to the order of the plaintiff, Charles B. McMichael.

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Error to the Court of Common Pleas, of Northumberland county: Of July Term, 1888, No. 162. Assumpsit, by Charles B. McMichael against the First National Bank of Northumberland upon two checks dated March. 5th and 10th, 1875, for $510 each, drawn by the National Fire Insui’anco Company of Philadelphia upon the defendant bank, to the order of the plaintiff, Charles B. McMichael. On the trial, before Rocxckferlbr, P. J., the following facts appeared: In February, 1875, the National Fire Insurance Company of Philadelphia had an account with the First National Bank of Northumberland, and had…

1Opinion of the CourtJustice Green

The learned court below left to the jury the question *464whether the defendant bank had accepted the check upon which the suit was brought. This is necessarily a question of fact and was therefore proper for the determination of the jury unless it can be truly said there was no evidence of acceptance. The action of the court in submitting the question, constitutes the substance of the only two errors assigned. It is contended on behalf of the bank that the only modes of acceptance which would bind the bank by a legal obligation to the holder, are a certification of the check or charging it to…

2Cases cited1 opinion

  1. Bank of the Republic v. MillardSupreme Court of the United States · 1870

3Cited by4 opinions

  1. Wisner v. First National BankSupreme Court of Pennsylvania · 1908
  2. First N. B. of Tamaqua v. ShoemakerSupreme Court of Pennsylvania · 1887
  3. Bryan v. First National BankSupreme Court of Pennsylvania · 1903
  4. First Nat. Bank v. Citizens' BankSupreme Court of Louisiana · 1927

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