Legal Opinion

Pentz v. First National Bank

Superior Court of Pennsylvania

Decided July 14, 1920No. Appeal, No. 89PublishedCited by 8 opinions

Appeal, No. 89, April T., 1920, by defendant, from judgment of C. P. Jefferson County, April T., 1919, No. 152, on verdict for plaintiff in the case of Joseph R. Pentz v. The First National Bank of Reynoldsville, Penna. Assumpsit to recover pension money deposited with a bank and applied to the payment of indebtedness of the pensioner. Before Corbet, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $836.75 and judgment thereon.

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Appeal, No. 89, April T., 1920, by defendant, from judgment of C. P. Jefferson County, April T., 1919, No. 152, on verdict for plaintiff in the case of Joseph R. Pentz v. The First National Bank of Reynoldsville, Penna. Assumpsit to recover pension money deposited with a bank and applied to the payment of indebtedness of the pensioner. Before Corbet, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff for $836.75 and judgment thereon. Defendant appealed. Error assigned was the charge of the court and refusal of defendant’s motion for judgment non obstante…

1Opinion of the Court

Opinion by

Keller, J.,

The plaintiff is a Civil War pensioner. He brought this action in assumpsit to recover from the defendant bank the sum of $792, representing eleven quarterly pension warrants of $72 each, deposited by him between *3April 7, 1914, and October 10, 1917, to Ms general account in the said bank, and appropriated by it, as he alleged, together with some other funds in said account, t'o the payment of his promissory notes in the sum of $900 held by said bank. The court below refused the defendant’s point for binding instructions and directed the jury to find a verdict for the…

2Cases cited6 opinions

  1. McIntosh v. AubreySupreme Court of the United States · 1902
  2. Rozelle v. RhodesSupreme Court of Pennsylvania · 1887
  3. Holmes v. TalladaSupreme Court of Pennsylvania · 1889
  4. Reiff v. MackSupreme Court of Pennsylvania · 1894
  5. Aubrey v. McIntoshSuperior Court of Pennsylvania · 1899

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Stein's CaseSuperior Court of Pennsylvania · 1935
  2. Wartella v. OsickSuperior Court of Pennsylvania · 1933
  3. Saxe v. Board of Revision of TaxesSupreme Court of Pennsylvania · 1933
  4. Aetna Casualty & Surety Co. v. PorterDistrict Court, District of Columbia · 1960
  5. Brusbard's Estate, Pennsylvania Court of Common Pleas, Philadelphia County1938

3 more not listed; retrieve them via the Exa API.

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