Myers v. Southwestern National Bank
Supreme Court of Pennsylvania
Appeal, No. 294, Jan. T., 1898, by-plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1896, No. 470, on verdict for defendant. Assumpsit to recover an amount alleged to be due on a bank deposit.
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Appeal, No. 294, Jan. T., 1898, by-plaintiff, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1896, No. 470, on verdict for defendant. Assumpsit to recover an amount alleged to be due on a bank deposit. Before Biddle, P. J. Plaintiff’s statement was as follows : Jacob Myers, the plaintiff in the above case, claims to recover from the Southwestern National Bank, the defendant therein, the sum of $13,090, with interest thereon from May 22, 1894, which sum plaintiff avers is justly due and owing by the defendant to him by reason of the following: Defendant was and is engaged in the banking…
1Opinion of the Court
Opinion by
Mr. Chief Justice Stebbett,
The only testimony introduced on the trial of this case was that of the plaintiff himself and his witnesses; none was offered by the defendant bank. When plaintiff closed his case *10the learned trial judge instructed the jury “ to find a verdict for the defendant,” which was accordingly done, ahd judgment was afterwards entered on the verdict. The binding instruction under which the jury acted constitutes the only specification of error.
The averments of fact ón which the plaintiff’s claim was based are fully set forth in his statement and need not be recited…
2Cases cited2 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- United Security Life Insurance & Trust Co. v. Central National BankSupreme Court of Pennsylvania · 1898
3Cited by32 opinions
- Basch v. Bank of Am. Nat'l Tr. & Sav. Ass'nCalifornia Supreme Court · 1943
- McNeely Co. v. Bank of North AmericaSupreme Court of Pennsylvania · 1908
- Bulakowski v. Philadelphia Saving Fund SocietySupreme Court of Pennsylvania · 1921
- First Nat. Bank of Philadelphia v. FarrellCourt of Appeals for the Third Circuit · 1921
- Hardex-Steubenville Corp. v. Western Pennsylvania National BankSupreme Court of Pennsylvania · 1971
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