Second National Bank v. Thompson
Superior Court of Pennsylvania
Appeal, No. 178, April T., 1910, by plaintiff, from judgment of C. P. Crawford Co., Sept. T., 1909, No. 55, on verdict for defendant in case of Second National Bank of Titusville v. E. K. Thompson. Assumpsit to recover money alleged to have been paid by mistake to the paying teller of a bank. Before Prather, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendant. Plaintiff appealed.
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Appeal, No. 178, April T., 1910, by plaintiff, from judgment of C. P. Crawford Co., Sept. T., 1909, No. 55, on verdict for defendant in case of Second National Bank of Titusville v. E. K. Thompson. Assumpsit to recover money alleged to have been paid by mistake to the paying teller of a bank. Before Prather, P. J. The facts are stated in the opinion of the Supreme Court. Verdict and judgment for defendant. Plaintiff appealed. Error assigned amongst others was in refusing binding instructions for plaintiff.
1Opinion of the Court
Opinion by
Rice, P. J.,
On May 25, 1888, the defendant deposited $700 with the plaintiff bank in the name of and as a gift to his wife, and received from the bank an ordinary deposit book issued in her name, which he delivered to her and which she retained until the time of trial. There was the following printed indorsement on the book: “This book belongs to the bank. No entries are to be made in it except at the bank and by an officer of the bank. It is to be returned to the bank at the end of each month to be *203written up and examined. Overdrafts will not be paid.” It appears by the entries in…
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- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
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