Howard H. Clark & Co. v. Warren Savings Bank
Superior Court of Pennsylvania
Appeal, No. 50, April T., 1906, by defendant, from judgment of O. P. Warren Co., June T., 1901, No. 36, on verdict for plaintiff in case of Howard H. Clark & Company, Limited, v. Warren Savings Bank. Assumpsit on a check.
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Appeal, No. 50, April T., 1906, by defendant, from judgment of O. P. Warren Co., June T., 1901, No. 36, on verdict for plaintiff in case of Howard H. Clark & Company, Limited, v. Warren Savings Bank. Assumpsit on a check. Before Wilson, P. J. At the trial the following offer was made: ■Mr. Patterson: Our case is founded on the check with the indorsement as proved, and the fact that this check has been paid to some one and it has been charged to Powers’ account, and the check is offered in connection with the entire testimony that has been offered. Objected to, for the reason that the…
1Opinion of the Court
Opinion by
Head, J.,
The courts of last resort in many states of the Union have clearly held that the payee or other lawful holder of a check, *649after it has been presented at the bank on which it is drawn and payment has been refused, may maintain an action directly against the bank to recover the amount thereof. In other states, our own among them, it has been just as distinctly decided that no privity of contract exists between the payee and the bank and consequently that there is no foundation to support such an action. “ It may be regarded as settled that the holder of a check cannot…
2Cases cited6 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- First Nat. Bank of Washington v. WhitmanSupreme Court of the United States · 1877
- Maginn v. Dollar Savings BankSupreme Court of Pennsylvania · 1890
- Saylor v. BushongSupreme Court of Pennsylvania · 1882
- Seventh National Bank v. CookSupreme Court of Pennsylvania · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Lindsley v. First National BankSupreme Court of Pennsylvania · 1937
- Califf v. First National BankSuperior Court of Pennsylvania · 1908
- Union National Bank v. Franklin National BankSupreme Court of Pennsylvania · 1915
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- Lone Star Trucking Co. v. City Nat. Bank of CommerceCourt of Appeals of Texas · 1922
2 more not listed; retrieve them via the Exa API.