Fallon v. Safety Banking & Trust Co.
Superior Court of Pennsylvania
Appeal, No. 274, Oct. T., 1909, by defendant, from order of C. P. No. 3, Phila. Co., June T., 1909, No. 1,826, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Peter F. Fallon to the use of Will Atkinson, to the use of Percy F. Smith, to the use of Mayfield Bank & Trust Company, to the use of American National Bank of San Francisco, California, v. Safety Banking & Trust Company. Assumpsit upon a certificate of deposit.
Read the full summary
Appeal, No. 274, Oct. T., 1909, by defendant, from order of C. P. No. 3, Phila. Co., June T., 1909, No. 1,826, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Peter F. Fallon to the use of Will Atkinson, to the use of Percy F. Smith, to the use of Mayfield Bank & Trust Company, to the use of American National Bank of San Francisco, California, v. Safety Banking & Trust Company. Assumpsit upon a certificate of deposit. From the record it appeared that the certificate and its indorsements were as follows: “No. 1895. Philadelphia, June 22, 1908.…
1Opinion of the Court
Ferguson, J.,
filed the following opinion:
It is not necessary for us to determine in this case if the certificate of deposit was an instrument the title to which could be passed by negotiation. The Statement alleges that Fallon assigned and transferred the certificate and that similar assignments and transfers were made by the other holders, until the instrument came into the hands of the present plaintiff, and suit is brought in the name of Fallon to the use of the intervening holders and the present holder. The allegation of the transfer and assignment of the certificate is not denied in the…
2Cases cited9 opinions
- Bull v. Bank of KassonSupreme Court of the United States · 1887
- Patterson v. PoindexterSupreme Court of Pennsylvania · 1843
- Loudon Savings Fund Society v. Hagerstown Savings BankSupreme Court of Pennsylvania · 1860
- Charnley v. DullesSupreme Court of Pennsylvania · 1845
- Thompson v. McClellandSupreme Court of Pennsylvania · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gordon v. Fifth Ave. Bank of Pbg.Supreme Court of Pennsylvania · 1932