Girard Bank v. Bank of Penn Township
Supreme Court of Pennsylvania
Error to tbe District Court of Philadelphia. Tliis was an action of assumpsit, brought September 3d 1859, by the Girard Bank in the city of Philadelphia, against the Bank of Penn Township, to recover the amount of a check for $1150 with interest, which had been drawn on the Bank of Penn Township, marked “good” by the proper officer of the bank, and endorsed to the Girard Bank by the holder.
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Error to tbe District Court of Philadelphia. Tliis was an action of assumpsit, brought September 3d 1859, by the Girard Bank in the city of Philadelphia, against the Bank of Penn Township, to recover the amount of a check for $1150 with interest, which had been drawn on the Bank of Penn Township, marked “good” by the proper officer of the bank, and endorsed to the Girard Bank by the holder. The case was this:— Adam Dietrich drew his check, dated September 30th 1852, payable October 7th 1852, on the Bank of Penn Township, on his deposit with them, to the order of C. S. Grube, for $1150, which…
1Opinion of the Court
The opinion of the court was delivered,
by Strons, J.
Were this a suit against the Bank of Penn Township by the original depositor, the Statute of Limitations would be interposed in vain, not so much because a bank is a technical trustee for its depositor's, as for the reason that the liability assumed by receiving a deposit is to pay when actual demand shall be made. The engagement of a bank with its depositor is not to pay absolutely and immediately, but when payment shall be required at the banking-house. It becomes a mere custodian, and is not in default or liable to respond in damages…
2Cases cited1 opinion
- Willets v. Phœnix BankThe Superior Court of New York City · 1853
3Cited by24 opinions
- Elliott v. Capital City State BankSupreme Court of Iowa · 1905
- Cook v. CarpenterSupreme Court of Pennsylvania · 1905
- Swearingen v. Sewickley Dairy Co.Supreme Court of Pennsylvania · 1901
- Dean v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1938
- Marks v. Anchor Savings BankSupreme Court of Pennsylvania · 1916
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