Robb v. Pennsylvania Co. for Insurance on Lives & Granting Annuities
Superior Court of Pennsylvania
Appeal, No. 113, November T., 1896, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1894, No. 275, on verdict for plaintiff. Assumpsit to recover the amount of two checks alleged to have been forged. The checks were signed by means of a rubber stamp made as a facsimile of a depositor’s bank signature, which had been feloniously extracted from plaintiff’s safe.
Read the full summary
Appeal, No. 113, November T., 1896, by defendant, from judgment of C. P. No. 4, Phila. Co., Dec. T., 1894, No. 275, on verdict for plaintiff. Assumpsit to recover the amount of two checks alleged to have been forged. The checks were signed by means of a rubber stamp made as a facsimile of a depositor’s bank signature, which had been feloniously extracted from plaintiff’s safe. The court below left the question of plaintiff’s negligence in the custody of the stamp to the jury, who found in favor of the plaintiff for $666. Defendant appealed. Other essential facts are sufficiently indicated by…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action to recover the amount of a bank deposit. The defense was that the money had been paid out on checks purporting to be drawn by the plaintiff. The jury have determined by their verdict that the signatures were forged, and no question is raised as to the correctness of this finding. But there was evidence that the signatures were made by a third person by the unauthorized and criminal use of a rubber stamp, which the plaintiff owned and kept in his safe. Upon this evidence a novel and interesting question is raised. The defendant’s first proposition is,…
2Cases cited10 opinions
- Hoag v. Lake Shore & Michigan Southern RailroadSupreme Court of Pennsylvania · 1877
- S. S. Pass Ry. Co. v. TrichSupreme Court of Pennsylvania · 1887
- Pennsylvania Railroad Company's AppealSupreme Court of Pennsylvania · 1878
- Phelan v. MossSupreme Court of Pennsylvania · 1871
- Swanson v. CrandallSuperior Court of Pennsylvania · 1896
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Cumis Insurance Society, Inc. v. Girard BankDistrict Court, E.D. Pennsylvania · 1981
- Grasselli Chemical Co. v. Biddle Purchasing Co.Superior Court of Pennsylvania · 1903
- First National Bank v. AlbrightSuperior Court of Pennsylvania · 1933
- Flanders v. SnareSuperior Court of Pennsylvania · 1908