Saylor v. Bushong
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of BerJcs county: Of January Term 1881, No. 176. Assumpsit, by Jolm Saylor against Jacob Busbong and Henry Bushong, trading as Bushong & Brother, bankers, upon the following check: No. 47. Reading, October 18th 1877. Bushong & Bro. Bankers. Stamp.] ■ Pay to John Saylor or order nineteeen hundred and ninety dollars. Wm. R. Yeicii, Treasurer. Indorsed : John Saylor.
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Error to the Court of Common Pleas of BerJcs county: Of January Term 1881, No. 176. Assumpsit, by Jolm Saylor against Jacob Busbong and Henry Bushong, trading as Bushong & Brother, bankers, upon the following check: No. 47. Reading, October 18th 1877. Bushong & Bro. Bankers. Stamp.] ■ Pay to John Saylor or order nineteeen hundred and ninety dollars. Wm. R. Yeicii, Treasurer. Indorsed : John Saylor. The narr. averred, inter alia, that the check had been presented to and accepted by the defendants, and that payment had been refused. It also contained the common counts. Plea, non assumpsit. On…
1Opinion of the CourtJustice Trunkey
It may be regarded as settled that the holder of a check can*27not maintain an action in liis own name against the drawees, thougli they have sufficient funds of the drawer, if they refuse to accept it: Bank of the Republic v. Millard, 10 Wallace 152; Carr v. The Bank, 107 Mass. 45. A check may be- revoked before presentment by the drawer’s death, or by his order not to honor it, but if not revoked, it is the duty of the bank to pay on demand. For breach of this duty, the drawer has a right of action. If the check has not been revoked, by common usage, the holder expects it will be paid on…
2Cases cited1 opinion
- Carr v. National Security BankMassachusetts Supreme Judicial Court · 1871
3Cited by9 opinions
- Tibby Bros. Glass Co. v. Farmers & Mechanics BankSupreme Court of Pennsylvania · 1908
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- Bryan v. First National BankSupreme Court of Pennsylvania · 1903
- Maginn v. Dollar Savings BankSupreme Court of Pennsylvania · 1890
- Howard H. Clark & Co. v. Warren Savings BankSuperior Court of Pennsylvania · 1906
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