Iron City Nat. Bank v. Fort Pitt Nat. Bank
Supreme Court of Pennsylvania
Appeal, No. 86, Oct. T., 1893, by defendant, from order of C. P. No. 3, Allegheny Co., Feb. T., 1893, making absolute rule for judgment for want of sufficient affidavit of defence. Assumpsit to recover back money paid on forged check.
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Appeal, No. 86, Oct. T., 1893, by defendant, from order of C. P. No. 3, Allegheny Co., Feb. T., 1893, making absolute rule for judgment for want of sufficient affidavit of defence. Assumpsit to recover back money paid on forged check. Plaintiffs’ statement averred that on Dec. 19, 1892, defendant was the holder of a certain check or bill of exchange, dated Dec. 17, 1892, purporting to be drawn by the firm of G. Dice & Go. on the Iron City National Bank of Pittsburgh for the sum of $852. This check, on Dec. 17,1892, was deposited by the payees thereof, Messrs. Gutman & Howard, with defendant…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The argument of the learned counsel for the plaintiff meets the exigency of his case courageously, and stands squarely on the proposition that “ the effect of the act (of April 5, 1849, P. L. 426) is undoubtedly to declare that there is no legal duty imposed upon the payer towards the holder of the check to know *49the genuineness of the signature, whether it be the signature of the depositor or of some other party. And there being no such legal duty of course the payer cannot be guilty of negligence vesting any right against him in the holder.” There can be no…
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