American Exchange National Bank v. Federal National Bank
Supreme Court of Pennsylvania
Appeal, No. 161, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1904, No. 936, for defendant on case tried by the court without a jury in suit of American Exchange National Bank of New York v. Federal National Bank of Pittsburg. Assumpsit to determine the ownership of the proceeds of certain book accounts.
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Appeal, No. 161, Oct. T., 1909, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1904, No. 936, for defendant on case tried by the court without a jury in suit of American Exchange National Bank of New York v. Federal National Bank of Pittsburg. Assumpsit to determine the ownership of the proceeds of certain book accounts. The case was tried by Macfarlane, J., without a jury under the Act of April 22, 1874, P. L. 109. The. facts are stated in the opinion of the Supreme Court. Error assigned was in entering judgment for plaintiff for 14,687.49, with interest from May 23,…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
This case was tried before the court without a jury under the Act of April 22, 1874, P. L. 109. The material and controlling facts are the following: The action was brought May 23, 1904, to recover $4,687.49, with interest from May 23, 1903, being part of the proceeds of a draft drawn by the Eastern Tube Company to the order of the defendant bank on the Spokane Falls Gas Light Company for the sum of $6,544.42.
In December, 1901, the Eastern Tube Company made a parol contract with the defendant bank by which it was agreed that the company would keep twenty-five…
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