Legal Opinion

Linhart v. Central National Bank

Superior Court of Pennsylvania

Decided July 13, 1917No. Appeal, No. 163PublishedCited by 1 opinion

Appeal, No. 163, April T., 1917, by defendant, from order of C. P. Allegheny Co.’, July T., 1916, No. 73, refusing appeal from judgment of the County Court in case of Blanche D. Linhart v. Central National Bank of Wilkinsburg. Petition for appeal from judgment of County Court. Before Evans, J. From the record it appeared that plaintiff had recov- ' ered’a judgment against defendant for the amount ’of a check which defendant through neglect had failed to collect.

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Appeal, No. 163, April T., 1917, by defendant, from order of C. P. Allegheny Co.’, July T., 1916, No. 73, refusing appeal from judgment of the County Court in case of Blanche D. Linhart v. Central National Bank of Wilkinsburg. Petition for appeal from judgment of County Court. Before Evans, J. From the record it appeared that plaintiff had recov- ' ered’a judgment against defendant for the amount ’of a check which defendant through neglect had failed to collect. The check and its endorsements were as follows: J. S. & W. S. KUHN (K) Incorporated. No. 21294 Investment Bankeks. Pittsburgh, Pa.…

1Opinion of the Court

Opinion by

Henderson, J.,

This appeal arises out of the refusal of the Court of *510Common Pleas of Allegheny County to allow an appeal from the judgment of the county court in favor of the plaintiff. The case was tried in the latter court without a jury. The findings of fact by the trial judge were supported by the evidence and are sufficient to sustain the judgment. It is conceded that the check deposited by the plaintiff was entered on the books of the bank July 3, 1914, and that it was forwarded or should have been forwarded on the morning of July 5th, a holiday having intervened, to the…

2Cases cited5 opinions

  1. S. A. Loux & Son v. FoxSupreme Court of Pennsylvania · 1895
  2. Morris v. First National BankSupreme Court of Pennsylvania · 1902
  3. Hannon v. Allegheny Bellevue Land Co.Superior Court of Pennsylvania · 1910
  4. National State Bank v. WeilSupreme Court of Pennsylvania · 1891
  5. Willis v. FinleySupreme Court of Pennsylvania · 1886

3Cited by1 opinion

  1. Bank of Wesleyville v. RoseSuperior Court of Pennsylvania · 1924

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