Moore v. Third National Bank
Superior Court of Pennsylvania
Appeal, No. 66, Oct. T., 1909, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1908, No. 2,760, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John L. Moore, Trustee of the Estate of Henry E. Sealey & Co., Inc., Bankrupt, v. Third National Bank of Philadelphia. Assumpsit to recover money had and received. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 66, Oct. T., 1909, by defendant, from order of C. P. No. 3, Phila. Co., Sept. T., 1908, No. 2,760, making absolute rule for judgment for want of a sufficient affidavit of defense in case of John L. Moore, Trustee of the Estate of Henry E. Sealey & Co., Inc., Bankrupt, v. Third National Bank of Philadelphia. Assumpsit to recover money had and received. Rule for judgment for want of a sufficient affidavit of defense. Moschzisker, J., filed the following opinion: On January 16,1908, at 3:45 p. m., a petition was filed, praying that Henry E. Sealey & Co., Inc., be adjudged bankrupt.…
1Opinion of the Court
Opinion by
Porter, J.,
The statement filed by the plaintiff averred the following facts which the affidavit of defense admitted to be true. On January 16, 1908, before 3 o’clock p. m., Henry E. Sealey & Co., incorporated, deposited in their account with the defendant bank sundry checks aggregating $335.03, for collection, and received the usual credit in their bank book therefor, which checks were collected in due course by the bank on January 17, 1908. The bank paid nothing and incurred no liability upon the faith of the deposit of the checks in question. Upon the same day on which this…
2Cases cited5 opinions
- Dutcher v. WrightSupreme Court of the United States · 1877
- Taylor v. BrownSupreme Court of the United States · 1893
- National Bank v. BonsorSuperior Court of Pennsylvania · 1909
- Long's AppealSupreme Court of Pennsylvania · 1854
- Baldwin's AppealSupreme Court of Pennsylvania · 1878
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