Lancaster Bank v. Woodward
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action of assumpsit by The Lancaster Bank against Samuel W. Woodward, to recover the amount of a check as follows : Lancaster, Dec. 14, 1848. Lancaster Bank pay to Samuel Hunt or order, on the 14th of January, 1849, six hundred dollars. $600. Samuel W. Woodward . Samuel W. Woodward, residing in Chester county, and a drover, kept an account in the Lancaster Bank, and on the 14th December, 1848, drew his check as above…
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Error to the Common Pleas of Lancaster county. This was an action of assumpsit by The Lancaster Bank against Samuel W. Woodward, to recover the amount of a check as follows : Lancaster, Dec. 14, 1848. Lancaster Bank pay to Samuel Hunt or order, on the 14th of January, 1849, six hundred dollars. $600. Samuel W. Woodward . Samuel W. Woodward, residing in Chester county, and a drover, kept an account in the Lancaster Bank, and on the 14th December, 1848, drew his check as above described, and delivered the same to the said Samuel Hunt, another drover, residing in Philadelphia, for a valuable…
1Opinion of the Court
The opinion of the Court was delivered, by
Woodward, J.
The defendant in error having paid his check to the holder of it, the day before the time appointed for its pay*361ment, the negotiability and the value of the instrument were gone for ever. As he had no funds in the Lancaster Bank when he drew the check, he was bound to place them there before it became payable, or pay the amount directly to the holder. He chose to do the last; and no possible exception can be taken to his choice. He ought, indeed, to have required his check to be delivered to him on paying the amount, and it would seem his…
2Cited by3 opinions
- Goldberg v. WineSupreme Court of Pennsylvania · 1937
- Doodan v. SzawlinskySuperior Court of Pennsylvania · 1962
- Farmers' & Merchants' Bank v. TalleyAlabama Court of Appeals · 1930