Citizens N. Bank v. Alexander
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 380 January Term 1888, Sup. Ct.; court below, No. 84 March Term 1887, C. P. On February 25, 1887, W. J. Alexander brought assumpsit against The Citizens National Bank of Warren, to recover a balance of a deposit account to his credit.
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ERROR TO THE COURT OE COMMON PLEAS OE WARREN COUNTY. No. 380 January Term 1888, Sup. Ct.; court below, No. 84 March Term 1887, C. P. On February 25, 1887, W. J. Alexander brought assumpsit against The Citizens National Bank of Warren, to recover a balance of a deposit account to his credit. At the trial on December 14, 1887, on motion of plaintiff’s attorneys the record and pleadings were amended by adding after the plaintiff’s name, wherever it occurs, the words “ Deputy Treasurer,” and by agreement of the parties, the cause was submitted to be heard by the court without a jury under the act…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
This case is ruled by Bank v. Mason, 95 Pa. 113. It was there held that “it is clearly against public policy to permit a bank that has received money from a depositor, credited him therewith upon its books, and thereby entered into an implied contract to honor his cheeks, to allege that the money deposited belongs to some one else. This may be done by an attaching creditor, or by the true owner of the fund; but the bank is estopped by its own act.”
The learned judge below applied this principle to the facts of this case, and herein he committed no error. The bank had…
2Cases cited1 opinion
- First National Bank v. MasonSupreme Court of Pennsylvania · 1880
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- Franklin Trust Co. of PhiladelphiaSupreme Court of Pennsylvania · 1935
- Gordon v. Union Trust Co.Supreme Court of Pennsylvania · 1932
- Jaselli v. Riggs National BankCourt of Appeals for the D.C. Circuit · 1911
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