Cohen v. Tradesmen's National Bank
Superior Court of Pennsylvania
Appeal, No. 212, Oct. T., 1917, by defendant, from judgment of Municipal Court, Philadelphia Co., Feb. T., 1917, No. 66, on verdict for plaintiff in case of Emanuel Cohen v. Tradesmen’s National Bank. Trespass to recover damages for dishonoring a check. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $250. Defendant appealed.
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Appeal, No. 212, Oct. T., 1917, by defendant, from judgment of Municipal Court, Philadelphia Co., Feb. T., 1917, No. 66, on verdict for plaintiff in case of Emanuel Cohen v. Tradesmen’s National Bank. Trespass to recover damages for dishonoring a check. Before Knowles, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $250. Defendant appealed. Error assigned, amongst others, was in refusing binding instructions for defendant. The defendant bank was not liable: Lentz v. Choteau, 42 Pa. 435; Heil v. Glanding, 42 Pa. 496; Penna. R. R. Co. v.…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff sent his check for $29.15 in payment of his dues to the treasurer of a club of which he was a member. The treasurer deposited the check in his account at his banker’s who in turn deposited it with the Tradesmen’s National Bank, the defendant, for collec: tion. Instead of forwarding the check to the Southwark National Bank on which it was drawn, the defendant by mistake sent it to the Kensington National Bank. It was returned with the letters “W.B.” signifying “wrong bank” endorsed thereon. Whereupon the defendant bank through an error of its clerk returned…
2Cases cited4 opinions
- Merchants' National Bank v. GoodmanSupreme Court of Pennsylvania · 1885
- Farmers National Bank v. NelsonSupreme Court of Pennsylvania · 1917
- Weiner v. North Penn Bank Inc.Superior Court of Pennsylvania · 1916
- Love v. Tioga Trust Co.Superior Court of Pennsylvania · 1917