Ingber v. Tradesmen's National Bank
Supreme Court of Pennsylvania
Appeal, No. 224, Jan. T., 1910, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1908, No. 2133, on verdict for defendant in case of David M. Ingber and Morris Richman, executors of Jacob M. Ingber, deceased, v. Tradesmen’s National Bank. Assumpsit for balance of deposit. Before Wiltbank, J. The facts appear in the opinion of the Supreme Court.
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Appeal, No. 224, Jan. T., 1910, by plaintiffs, from judgment of C. P. No. 2, Phila. Co., Sept. T., 1908, No. 2133, on verdict for defendant in case of David M. Ingber and Morris Richman, executors of Jacob M. Ingber, deceased, v. Tradesmen’s National Bank. Assumpsit for balance of deposit. Before Wiltbank, J. The facts appear in the opinion of the Supreme Court. The letters which accompanied the certified checks in each case were both of the same import, as follows: “Tradesmen’s National Bank, Philadelphia. “Dear Sirs: With reference to our check, No. 1231, dated January 18th, 1908, for…
1Opinion of the Court
Opinion bt
Mr. Justice Elkin,
Appellants are the executors under the will of decedent who died insolvent. This suit was brought to recover the balance alleged to be deposited in the bank of appellee with which institution the decedent kept his bank account. At the trial the learned court below directed a verdict for defendant and judgment was accordingly entered. It is contended that under the facts the trial judge erred in giving binding instructions to the jury. The theory upon which this claim is predicated, is that at the date of the death of the insolvent decedent he had a balance to his…
2Cases cited5 opinions
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- Spotts' EstateSupreme Court of Pennsylvania · 1893
- Taylor's EstateSupreme Court of Pennsylvania · 1893
- Chase v. Petroleum BankSupreme Court of Pennsylvania · 1870
- First National Bank v. Gish's AssigneesSupreme Court of Pennsylvania · 1872