Legal Opinion

Resh v. First National Bank

Supreme Court of Pennsylvania

Decided March 4, 1880PublishedCited by 4 opinions

Error to the Court of Common Pleas, of Lehigh county: Of January Term 1880, No. 231. Assumpsit by the First National Bank of Allentown against William Resh. At the trial, before Albright, P. J., the plaintiff put in evidence a note drawn by the defendant for $500, to the order of himself and endorsed by him in blank.

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Error to the Court of Common Pleas, of Lehigh county: Of January Term 1880, No. 231. Assumpsit by the First National Bank of Allentown against William Resh. At the trial, before Albright, P. J., the plaintiff put in evidence a note drawn by the defendant for $500, to the order of himself and endorsed by him in blank. The defendant then made the following offers : 1. To prove that at various times, he deposited moneys at the First National .Bank, of Allentown, Pennsylvania, receiving certificates of deposit, which he supposed to be certificates of deposit of the First National Bank; and that…

1Opinion of the CourtJustice Paxson

While this case differs somewhat in its facts from Ziegler v. The Bank, and Steckel v. The Bank, just decided, it is similar in principle, and comes within the rulings of those cases.

The third assignment covers all that it is necessary to discuss. The court rejected evidence offered to prove that the note in suit was procured from defendant below, by fraud on the part of the bank officers; that he -went to the bank to receive payment of a certificate of deposit for $500; that when the money was paid, he signed a paper represented by the bank officers to be a receipt for $500, but which…

2Cited by4 opinions

  1. Togni v. TaminelliCalifornia Court of Appeal · 1909
  2. Equitable Discount Corp. v. Fischer, Pennsylvania Court of Common Pleas, Lancaster County1957
  3. Massey v. Bohn, Pennsylvania Court of Common Pleas, Berks County1923
  4. Reading Trust Co. v. Hutchison, Pennsylvania Court of Common Pleas, Lehigh County1964

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