DeHaven v. Kensington National Bank
Supreme Court of Pennsylvania
Error to the District Court of Philadelphia: Of January Term 1874, No. 355. This was an action on the case by George Dellaven against the Kensington National Bank. The bank had been originally incorporated by the Commonwealth of Pennsylvania, and afterwards, under the Act of Congress of June 3d 1864, and the Pennsjdvania enabling Act of August 22d 1864, became a national bank.
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Error to the District Court of Philadelphia: Of January Term 1874, No. 355. This was an action on the case by George Dellaven against the Kensington National Bank. The bank had been originally incorporated by the Commonwealth of Pennsylvania, and afterwards, under the Act of Congress of June 3d 1864, and the Pennsjdvania enabling Act of August 22d 1864, became a national bank. The declaration contained three counts:— 1. That defendants were a banking corporation and “ as such had been used to receive and take into their charge money and securities for the loan thereof of divers customers of…
1Opinion of the Court
Judgment was entered in the Supreme Court,
2Per curiam
— We discover no sufficient evidence in this case to charge a merely voluntary bailee, without reward, for a loss by robbery. Waiving the question of the want of power in a national bank to take bonds, &c., on a deposit for safe-keeping, the officers here took as much care of them as they did of the property of the bank. The robbery was effected by a most ingenious and unexpected device, calculated'to succeed with the most careful of persons, and made successful by its very openness and apparent freedom from design. The cashier had no reason to…
3Cited by4 opinions
- Woodruff v. Painter & EldridgeSupreme Court of Pennsylvania · 1892
- Citizens' Nat. Bank of Jasper v. Ratcliff & LanierTexas Commission of Appeals · 1923
- White v. BurkeWashington Supreme Court · 1948
- Thornton v. Athens Nat. BankCourt of Appeals of Texas · 1923