Fifth N. Bank v. Ashworth
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 77 October Term 1888, Sup. Ct.; court below, No. 175 April Term 1885, C. P. No. 2. A summons in case to the first Monday of March, 1885, was issued' in an action by William W. Ashworth against the Fifth National Bank of Pittsburgh, to recover .the sum of $2,622.25 with interest from May 24, 1884. ,, At the trial on February 9, 1888, the facts of the plaintiff’s were these: ,,On May 20, 1884, the plaintiff…
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ERROR TO THE COURT OE COMMON PLEAS NO. 2 OE ALLEGHENY COUNTY. No. 77 October Term 1888, Sup. Ct.; court below, No. 175 April Term 1885, C. P. No. 2. A summons in case to the first Monday of March, 1885, was issued' in an action by William W. Ashworth against the Fifth National Bank of Pittsburgh, to recover .the sum of $2,622.25 with interest from May 24, 1884. ,, At the trial on February 9, 1888, the facts of the plaintiff’s were these: ,,On May 20, 1884, the plaintiff received from T. J. Watson his check on the Penn Bank for $2,622.25, and the same day indorsed and delivered it to the…
1Opinion of the Court
OPINION,
Me. Justice Paxson :
It is safe to say, as a general rule, that when a bank receives a check from one of its depositors for collection, it must return him the check or the money. It is also equally clear that if the collecting bank surrenders the check to the bank upon which it is drawn, and accepts a cashier’s check, or other obligation, in lieu thereof, its liability to its depositor is fixed, as much so as if it had received the cash. It has no right, unless specially authorized to do so, to accept anything in lieu of money. For this latter proposition it is sufficient to refer to…
2Cases cited3 opinions
- Merchants' National Bank v. GoodmanSupreme Court of Pennsylvania · 1885
- Williams v. SoutterSupreme Court of Iowa · 1858
- McCulloch v. McKeeSupreme Court of Pennsylvania · 1851
3Cited by17 opinions
- Luckehe v. First Nat. Bk. of MarysvilleCalifornia Supreme Court · 1924
- Jensen v. Laurel Meat Co.Montana Supreme Court · 1924
- Paul v. GrimmSupreme Court of Pennsylvania · 1895
- Hommerberg v. State Bank of SlaytonSupreme Court of Minnesota · 1927
- National Bank of Commerce v. JohnsonNorth Dakota Supreme Court · 1896
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