Harvey v. Girard National Bank
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 180 July Term 1886, Sup. Ct.; court below, No. 606 June Term 1885, C. P. No. 4. On June 3, 1885, Thomas Harvey brought an action in case against the Girard National Bank, to recover damages sustained by the alleged negligence of the defendant bank to present for payment a draft upon the plaintiff at the place where payable and where funds had been deposited to meet it. The plea was not guilty.
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ERROR TO THE COURT OF COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 180 July Term 1886, Sup. Ct.; court below, No. 606 June Term 1885, C. P. No. 4. On June 3, 1885, Thomas Harvey brought an action in case against the Girard National Bank, to recover damages sustained by the alleged negligence of the defendant bank to present for payment a draft upon the plaintiff at the place where payable and where funds had been deposited to meet it. The plea was not guilty. By agreement of parties, the cause was tried on May 21, 1886, without a jury, before Willson, J., who on May 28, 1886, announced the…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
It was conceded that the defendant bank rendered itself liable to the holder of the draft in question by its delay in presenting it to the Shackamaxon Bank where it was made payable. It was received by the defendant on May 27, 1885. During that and the next day the Shackamaxon Bank paid all demands made upon it. Upon the 29th of May it suspended and closed its doors. The plaintiff had sufficient funds on deposit at the Shackamaxon Bank on May 27th and May 28th to have met the draft, and had left instructions with that bank to honor it when presented. Had it been…
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