Houser v. National Bank of Chambersburg
Superior Court of Pennsylvania
Appeal, No. 60, Oct. T., 1904, by defendant, from order of O. P. Franklin Co., Dec. T., 1908, No. 179, making absolute rule for judgment for want of a sufficient affidavit of defense in case of L. D. 0. Houser v. National Bank of Chambersburg. Rule for judgment for want of a sufficient affidavit of defense. Before Biddle, P. J., specially presiding. The material facts alleged in the affidavit of defense are stated in the opinion of the Superior Court.
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Appeal, No. 60, Oct. T., 1904, by defendant, from order of O. P. Franklin Co., Dec. T., 1908, No. 179, making absolute rule for judgment for want of a sufficient affidavit of defense in case of L. D. 0. Houser v. National Bank of Chambersburg. Rule for judgment for want of a sufficient affidavit of defense. Before Biddle, P. J., specially presiding. The material facts alleged in the affidavit of defense are stated in the opinion of the Superior Court. The court made absolute rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Rice, P. J.,
The contract between a banker and his customer is to pay the customer’s check or bills to the person or persons designated by the customer, and to none other, and if a check or bill is payable to order, the banker has only authority to pay it to the payee or to another person who becomes the holder by genuine indorsement: United Security Life Ins., etc., Co. v. Central National Bank, 195 Pa. 586. The reason of the rule that when a bank pays a depositor’s check on a forged indorsement, or a raised check, it is held to have paid it out of its own funds and cannot charge…
2Cases cited8 opinions
- Critten v. Chemical National BankNew York Court of Appeals · 1902
- Land Title & Trust Co. v. Northwestern National BankSupreme Court of Pennsylvania · 1900
- German Savings Bank v. Citizens National BankSupreme Court of Iowa · 1897
- Iron City Nat. Bank v. Fort Pitt Nat. BankSupreme Court of Pennsylvania · 1893
- Atlanta National Bank v. BurkeSupreme Court of Georgia · 1888
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3Cited by5 opinions
- Land Title Bank & Trust Co. v. Cheltenham National BankSupreme Court of Pennsylvania · 1949
- Califf v. First National BankSuperior Court of Pennsylvania · 1908
- Market St. Title & Trust Co. v. Chelten Trust Co.Supreme Court of Pennsylvania · 1928
- First National Bank v. AlbrightSuperior Court of Pennsylvania · 1933
- Falconi v. MageeSuperior Court of Pennsylvania · 1911