Monaghan v. Provident National Bank

LIPEZ, Judge:

This action was brought in both trespass and assumpsit to recover amounts paid by defendant bank on checks drawn on plaintiffs account to plaintiffs bookkeeper, who had forged plaintiffs signature and cashed the forged checks. After defendant bank filed its answer, both sides moved for summary judgment. The court below granted the defendant bank’s motion for summary judgment as to plaintiff’s trespass claim, which the court held was barred by the two-year statute of limitations. 42 Pa.C.S. § 5524(3). The court also held, however, that the count in assumpsit was not time-barred,…