Dieter v. Citizens' National Bank
Superior Court of Pennsylvania
Appeal, No. 127, Oct. T., 1913, by plaintiff, from order of C. P. Lehigh Co., Jan. T., 1913, No. 61, on order, etc., in suit of Jacob Dieter, Executor of Estate of Sarah Houser, deceased, v. The Citizens’ National Bank. Assumpsit on a cashier’s check. Before Trexler, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 127, Oct. T., 1913, by plaintiff, from order of C. P. Lehigh Co., Jan. T., 1913, No. 61, on order, etc., in suit of Jacob Dieter, Executor of Estate of Sarah Houser, deceased, v. The Citizens’ National Bank. Assumpsit on a cashier’s check. Before Trexler, P. J. The facts are stated in the opinion of the Superior Court. Errors assigned were in the following form: 1. The court erred in making absolute the rule to interplead. 2. The court erred in refusing to enter judgment in favor of the plaintiff and against the defendant for want of an affidavit of defense. 3. The court erred in…
1Opinion of the Court
Opinion by
Head, J.,
In the present state of the record it is not easy to see on what foundation this appeal can rest. As appears from the copy of the docket entries and the record itself, printed in extenso in the appellant’s paper-book, the situation is this: The plaintiff executor brought this action to recover the amount of a teller’s or cashier’s check which had been given to him in his fiduciary capacity by an officer of the defendant bank. Upon service of the writ and statement of claim, the defendant came into court by petition and set up the following estate of facts:
In the lifetime of…
2Cited by2 opinions
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