Second National Bank v. Guarantee Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Appeal, No. 201, Jan. T., 1902, by plaintiff, from order of C. P. Northumberland Co., May T., 1901, No. 187, discharging rule for judgment for want of a sufficient affidavit of defense in case of Second National Bank of Pittsburg v. Guarantee Trust and Safe Deposit Company of Shamokin. Assumpsit to recover money paid on a draft with a forged indorsement. The draft was as follows: “SUPREME TENT, K. O. T. M. of the World.
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Appeal, No. 201, Jan. T., 1902, by plaintiff, from order of C. P. Northumberland Co., May T., 1901, No. 187, discharging rule for judgment for want of a sufficient affidavit of defense in case of Second National Bank of Pittsburg v. Guarantee Trust and Safe Deposit Company of Shamokin. Assumpsit to recover money paid on a draft with a forged indorsement. The draft was as follows: “SUPREME TENT, K. O. T. M. of the World. No. 5624. “ Port Huron, Mich., Oct. 6,1900. “ Pay to the order of John Davis brother and beneficiary of Benjamin Davis of Tent No. 75 State of Penn. ($3000.00) Three Thousand…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
This is an appeal from the order of the court below discharging a rule for judgment for want of a sufficient affidavit of defense.
On, or about October 6, 1900, the Supreme Tent of the Knights of Maccabees of the World drew a draft upon the Second National Bank of Pittsburg, payable to the order of John Davis, a brother and beneficiary of Benjamin Davis, of Tent No. 175, Shamokin, Pa. The draft, however, seems not to have been paid to John Davis, the payee, or to his order. His name was, however, forged by some one and appears upon the back of the draft. It is…
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