Legal Opinion

Bank of Northern Liberties v. Jones & Cole

Supreme Court of Pennsylvania

Decided May 10, 1862PublishedCited by 13 opinions

Error to. the-District Qount 'oí Philadelphia. This was an attachment execution in'the District Court of Philadelphia, in which Rowland Jones and George W. Cole, trading'as Jones & Cole, were, plaintiffs, and'The Bank of the Northern Liberties, garnishees of Thomas C. Jones, were defendants. . . , . . ' After interrogatories had been filed and answered, the plea of nulla bona was entered -by the defendants, on which the parties went to trial.

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Error to. the-District Qount 'oí Philadelphia. This was an attachment execution in'the District Court of Philadelphia, in which Rowland Jones and George W. Cole, trading'as Jones & Cole, were, plaintiffs, and'The Bank of the Northern Liberties, garnishees of Thomas C. Jones, were defendants. . . , . . ' After interrogatories had been filed and answered, the plea of nulla bona was entered -by the defendants, on which the parties went to trial. The case was this: — Thomas C. Jones, against whom Jones & Cole held'a judgment, had for a long time been a depositor in the Bank of the-Northern…

1Opinion of the Court

The opinion of the court was delivered, May 10th 1862, by

Read, J.

“Money, when paid into a bank, ceases altogether to be the money of the principal; it is then the money of the banker, who is bound to return an equivalent by paying a similar sum to that deposited with-him, when' he is asked for it.” The money placed in the custody of a banker is to all intents and purposes'the money of the'banker, to do with it as he pleases; he is guilty of no breach of trust in employing it; “ he is not bound to keep it or deal with it as the property of his principal, but he is of course answerable for the…

2Cases cited1 opinion

  1. Frazier v. Erie BankSupreme Court of Pennsylvania · 1844

3Cited by13 opinions

  1. Prudential Trust Co.'s AssignmentSupreme Court of Pennsylvania · 1909
  2. Sherts v. Fulton National BankSupreme Court of Pennsylvania · 1941
  3. Franklin Trust Co. of PhiladelphiaSupreme Court of Pennsylvania · 1935
  4. Gartner, Trustee v. CassattSupreme Court of Pennsylvania · 1933
  5. Gordon v. Dime Bank Title & Trust Co.Supreme Court of Pennsylvania · 1934

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