Cohen v. Tradesmen's National Bank
Supreme Court of Pennsylvania
Appeal, No. 13, Jan. T., 1919, by defendant, from judgment of Superior Court, October T., 1917, No. 212, affirming judgment of Municipal Court of Philadelphia, February T., 1917, No. 66, entered on verdict for plaintiff in case of Emanuel Cohen v. Tradesmen’s National Bank. Appeal from Superior Court. The facts appear by opinion of the Supreme Court and in 69 Pa.
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Appeal, No. 13, Jan. T., 1919, by defendant, from judgment of Superior Court, October T., 1917, No. 212, affirming judgment of Municipal Court of Philadelphia, February T., 1917, No. 66, entered on verdict for plaintiff in case of Emanuel Cohen v. Tradesmen’s National Bank. Appeal from Superior Court. The facts appear by opinion of the Supreme Court and in 69 Pa. Superior Ct. 28. The Superior Court affirmed the judgment of the Municipal Court of Philadelphia, entered on verdict for plaintiff for $250. Defendant appealed.. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Me. Justice Simpson,
Plaintiff sent to the treasurer of a club to which he belonged, his check for $29.15, drawn on the Southwark National Bank. The treasurer deposited the check with the club’s banker, which in turn sent it to defendant for collection. By mistake defendant presented it- to the wrong bank, which returned it with “W. B.” written thereon, signifying that it had been sent to the “wrong bank.” The writing was obscure, and defendant mistaking the “W. B.” for “N. F.,”'which signified “no funds,” returned it to the banker with an endorsement thereon of “not sufficient…
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