Murray v. Real Estate Title Insurance & Trust Co.
Superior Court of Pennsylvania
Appeal, No. 119, Oct. T., 1908, by defendant, from judgment of C. P. No. 5, Phila. Co., June T. 1906, No. 5,141, on verdict for plaintiff in case of Maggie G. Murray v. The Real Estate Title Insurance & Trust Company of Philadelphia. Assumpsit on a check. Before Martin, P. J. The facts appear by the opinion of the Superior Court.
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Appeal, No. 119, Oct. T., 1908, by defendant, from judgment of C. P. No. 5, Phila. Co., June T. 1906, No. 5,141, on verdict for plaintiff in case of Maggie G. Murray v. The Real Estate Title Insurance & Trust Company of Philadelphia. Assumpsit on a check. Before Martin, P. J. The facts appear by the opinion of the Superior Court. Defendant presented this point: 10. Under the law and the evidence, the delay of the plaintiff to notify defendant of the alleged forgery was such as to discharge the defendant from liability, and your verdict should be for the defendant. Answer: Refused. [2] Verdict…
1Opinion of the Court
Opinion by
Rice, P. J.,
The plaintiff, through her agent, W. G. Rothermel, negotiated a sale of her real estate, and the purchaser deposited the purchase money with the defendant who was to act for him in the settlement. Upon the settlement Rothermel delivered her deed and received the check of the defendant *440drawn on itself and payable to her order for the portion of the purchase money coming to her. The check purports to have been indorsed by the payee by her mark, to which Rothermel and another were witnesses, then by Rothermel and then by the Third National Bank, which guaranteed the prior…
2Cases cited7 opinions
- Cooke v. United StatesSupreme Court of the United States · 1875
- United Security Life Insurance & Trust Co. v. Central National BankSupreme Court of Pennsylvania · 1898
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
- Leaming v. WiseSupreme Court of Pennsylvania · 1873
- Iron City Nat. Bank v. Fort Pitt Nat. BankSupreme Court of Pennsylvania · 1893
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3Cited by2 opinions
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- Johnson v. First National BankSupreme Court of Pennsylvania · 1951