United Security Life Insurance & Trust Co. v. Central National Bank
Supreme Court of Pennsylvania
Appeal, No. 270, July T., 1897, by plaintiff, from order of C. P. No. 4, Pbila. Co., June T., 1894, No. 897, dismissing exceptions to report of referee. Assumpsit on checks. The case was referred to Richard C. Dale, Esq., who reported as follows: 1. On December 6, 1898, the plaintiff drew its check, signed by its president and treasurer, to the order of H. J. Verner, teller, which check was by the said H. J. Verner indorsed to the order of Ralph H. Grant.
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Appeal, No. 270, July T., 1897, by plaintiff, from order of C. P. No. 4, Pbila. Co., June T., 1894, No. 897, dismissing exceptions to report of referee. Assumpsit on checks. The case was referred to Richard C. Dale, Esq., who reported as follows: 1. On December 6, 1898, the plaintiff drew its check, signed by its president and treasurer, to the order of H. J. Verner, teller, which check was by the said H. J. Verner indorsed to the order of Ralph H. Grant. This check upon its face bore the words “ In set. agree. No. 2259, Ralph II. Grant.” The circumstances under which the check was drawn were…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The plaintiff was a depositor in the defendant bank and *599brought this action to recover a balance claimed to be due on its deposit account. The defense was a denial of any such balance, the money having been paid out on two checks drawn by the plaintiff. The reply was that the payments were wrongfully made upon forged indorsements of the names of the payees.
The learned 'referee found that the indorsements were forgeries ; that they were committed by one Williams, an employee of the plaintiff company, but that they were committed by Williams outside the scope of…
2Cases cited3 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Gunster v. Scranton Illuminating, Heat & Power Co.Supreme Court of Pennsylvania · 1897
- Welsh v. . German American BankNew York Court of Appeals · 1878
3Cited by44 opinions
- Los Angeles Investment Co. v. Home Savings Bank of Los AngelesCalifornia Supreme Court · 1919
- United States Cold Storage Co. v. Central Manufacturing District BankIllinois Supreme Court · 1931
- McCornack v. Central State BankSupreme Court of Iowa · 1926
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
- Bulakowski v. Philadelphia Saving Fund SocietySupreme Court of Pennsylvania · 1921
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