First National Bank v. Higbee & Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lackawanna eounty: Of January Term, 1885, No. 225. Assumpsit, by Higbee & Co., against the First National Bank of Scranton, to recover the sum of $600, deposited by John B. Gillespie, in his own name, with the bank defendant, for the purpose of paying a certain draft drawn upon him by plaintiffs, and by him accepted.
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Error to the Court of Common Pleas of Lackawanna eounty: Of January Term, 1885, No. 225. Assumpsit, by Higbee & Co., against the First National Bank of Scranton, to recover the sum of $600, deposited by John B. Gillespie, in his own name, with the bank defendant, for the purpose of paying a certain draft drawn upon him by plaintiffs, and by him accepted. On the trial, before Handley, P. J., the following facts appeared : Plaintiffs drew a draft on John B. Gillespie at thirty clays for the sum of $797.76, which draft was accepted by Gillespie, payable at the Third National Bank of Scranton.…
1Opinion of the CourtJustice Paxson
*132This case is free from difficulty. Of the numerous assignments of error we select the seventh as the only one which requires discussion. It raises the pivotal question in the cause.
The defendant’s seventh point called upon the court to instruct the jury: “That even if John B. Gillespie had personally deposited the money, and received the deposit ticket in evidence, yet he would have had a right to revoke his direction to pay the Higbee draft at any time before the same was paid by the bank.”
The learned court declined to affirm this point.
To understand the question which this ruling presents,…
2Cited by4 opinions
- Frazier v. BergSupreme Court of Pennsylvania · 1931
- Fisher v. North Penn BankSuperior Court of Pennsylvania · 1921
- Homan v. First National BankSupreme Court of Pennsylvania · 1934
- Golden State Fruit Distributors, Inc. v. Electric City Bank, Pennsylvania Court of Common Pleas, Lackawanna County1924