Seventh National Bank v. Cook
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: No. 1664, to July Term 1871. This was an action of assumpsit brought March 16th 1871, by David Cook against the Seventh National Bank; the suit was brought on the following check which the bank refused to pay the plaintiff under the circumstances detailed in the evidence:— “ Philadelphia, August 12th 1869. SEVENTH NATIONAL BANK. Pay to the order of D. Cook, one hundred and seventy-four x%°5 dollars. $174t%% James Greenwood.
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Error to the District Court of Philadelphia: No. 1664, to July Term 1871. This was an action of assumpsit brought March 16th 1871, by David Cook against the Seventh National Bank; the suit was brought on the following check which the bank refused to pay the plaintiff under the circumstances detailed in the evidence:— “ Philadelphia, August 12th 1869. SEVENTH NATIONAL BANK. Pay to the order of D. Cook, one hundred and seventy-four x%°5 dollars. $174t%% James Greenwood. (Endorsed) D. Cooke. J. C. Barnes.” The case was tried April 13th 1871, before Stroud, J. James Greenwood, the drawer of the…
1Opinion of the Court
*485The opinion of the court was delivered, May 17th 1873, by
Read, C. J.
James Greenwood was indebted to David Cook for oil sold, and in payment gave a check on the defendants, The Seventh National Bank, for $174.50, to J. C. Barnes, a clerk of the plaintiff, payable to the order of D. Cook. Mr. Barnes endorsed it with the name of D. Cook, and his own name, drew the money, and appropriated it to pay an amount due him by his employer, and made the proper entries on the books of D. Cook. The plaintiff refused to recognise the acts of his clerk, and obtained the cancelled check from Greenwood,…
2Cited by6 opinions
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- State Bank of Chicago v. Mid-City Trust & Savings BankIllinois Supreme Court · 1920
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- Howard H. Clark & Co. v. Warren Savings BankSuperior Court of Pennsylvania · 1906
- Drug House, Inc. v. Keystone BankSuperior Court of Pennsylvania · 1979
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