Weiner v. Pennsylvania Co. for Insurances on Lives & Granting Annuities

Opinion by

Arnold, J.,

The plaintiff signed her name to a check drawn upon the defendant bank of which she had been a depositor for years. Except for her signature nothing was written on it. The check was stolen and completed by filling in the amount, $250, the date and the name of the payee (fictitious). The defendant bank paid the check to the fictitious payee, who properly indorsed it. The plaintiff-drawer sued the drawee bank in assumpsit for the amount thereof, alleging negligence of the bank, inter alia, in failing to identify the person paid. The court below entered judgment for the…