Connors v. Old Forge Discount & Deposit Bank
Supreme Court of Pennsylvania
Appeal, No. 384, Jan. T., 1913, by plaintiff, from order of C. P. Lackawanna Co., Jan. T., 1911, No. 712, refusing to take off nonsuit in case of Henry Connors v. Old Forge Discount and Deposit Bank. Assumpsit to recover the amount of a check paid by defendant upon a forged endorsement. Before O’Neill, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off.
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Appeal, No. 384, Jan. T., 1913, by plaintiff, from order of C. P. Lackawanna Co., Jan. T., 1911, No. 712, refusing to take off nonsuit in case of Henry Connors v. Old Forge Discount and Deposit Bank. Assumpsit to recover the amount of a check paid by defendant upon a forged endorsement. Before O’Neill, J. The opinion of the Supreme Court states the facts. The trial judge entered a compulsory nonsuit which the court in banc subsequently refused to take off. Plaintiff appealed. Error assigned was in refusing to take off the nonsuit. The plaintiff was not negligent in not notifying the bank more…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Plaintiff’s cause of action, as set forth in his statement of claim, is that, as one of the depositors of the defendant, a banking institution, he drew a check on it which it paid and charged to his account on the forged endorsement of the payee; and he seeks to recover on the averment that, when he discovered that the payee’s endorsement was forged, he immediately notified the bank of the. forgery. If the material averment, that notice had been given to the bank by the appellant promptly upon his discovery of the forgery, had been supported by proof, the case…
2Cases cited1 opinion
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
3Cited by10 opinions
- Wright v. BlakesleeSupreme Court of Connecticut · 1925
- Commonwealth v. Globe Indemnity CompanySupreme Court of Pennsylvania · 1936
- Marks v. Anchor Savings BankSupreme Court of Pennsylvania · 1916
- Beckert v. DobleSupreme Court of Connecticut · 1926
- Union National Bank v. Franklin National BankSupreme Court of Pennsylvania · 1915
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