Evans v. Commercial Trust Co.
Superior Court of Pennsylvania
Appeal, No. 336, Oct. T., 1920, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1918, No. 412, on verdict for plaintiff in the case of Nelson P. Evans v. Commercial Trust Company. Trespass to recover damages for dishonor of check. Before McCullen, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,000 and judgment thereon. Defendant appealed.
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Appeal, No. 336, Oct. T., 1920, by defendant, from judgment of C. P. No. 4, Phila. Co., March T., 1918, No. 412, on verdict for plaintiff in the case of Nelson P. Evans v. Commercial Trust Company. Trespass to recover damages for dishonor of check. Before McCullen, J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $1,000 and judgment thereon. Defendant appealed. Error assignedl, among others, was refusal of defendant’s motion for judgment non obstante veredicto. There was not sufficient evidence to take the case to the jury. The jury could not find that…
1Opinion of the Court
Opinion by
Head, J.,
At the time of the occurrence that becomes the foundation of this action, and for many years before, the plaintiff, a resident of the City of Philadelphia, had a checking account in the Commercial Trust Company, the defendant. He had never had any banking account of any kind in any other institution of the city. He was a traveling salesman. In November, 1917, being then in the course of his business in the City of Chicago, he issued and delivered to the hotel at which he was stopping a check for $50 on the said trust company. At the time that check for $50 was issued, his…
2Cases cited1 opinion
- Lowenstein v. GreenbaumSuperior Court of Pennsylvania · 1916
3Cited by8 opinions
- Rodenbough v. United StatesCourt of Appeals for the Third Circuit · 1928
- Commonwealth v. Grotefend HaunSuperior Court of Pennsylvania · 1924
- John Wanamaker, Phila. v. ChaseSuperior Court of Pennsylvania · 1922
- United States v. KesslerDistrict Court, E.D. Pennsylvania · 1945
- Commonwealth v. MealeySuperior Court of Pennsylvania · 1925
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