Aliquippa National Bank v. Harvey

Opinion by

Mr. Justice Stern,

When properly culled from the voluminous testimony in this case the facts reduce themselves to two controlling issues, one concerning itself with the extent of the inherent powers of the cashier and president of a bank, the other with the sufficiency of the evidence of fraud to invalidate a written instrument.

Defendant, Edward Harvey, 1 who was the owner of a theatre property in Aliquippa, in 1928 executed a long-term lease thereof to Anthony Jim with an agreement to sell the theatre to him upon the payment of certain installments. There was a mortgage on the…