Land Title & Trust Co. v. Northwestern National Bank
Supreme Court of Pennsylvania
Appeal, No. 285, Jan. T., 1899, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1898, No. 748, on verdict for plaintiff, in case of the Land Title and Trust Company v. Northwestern National Bank. Assumpsit to recover the amount paid on a check, the indorsement of which was forged. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $5,376.74. Defendant appealed.
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Appeal, No. 285, Jan. T., 1899, by defendant, from judgment of C. P. No. 2, Phila. Co., June T., 1898, No. 748, on verdict for plaintiff, in case of the Land Title and Trust Company v. Northwestern National Bank. Assumpsit to recover the amount paid on a check, the indorsement of which was forged. The facts appear by the opinion of the Supreme Court. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $5,376.74. Defendant appealed. Error assigned was in giving binding instructions for plaintiff. A bank cannot be presumed to have knowledge of the…
1Opinion of the Court
Opinion by
Mk. Justice Fell,
The fraudulent transaction which gave rise to this litigation may be briefly stated. Dr. Herman S. Bissey was the owner of premises No. 2352 North Broad street, Philadelphia, which he wished to sell. A man who gave his name as Ashley called on Dr. Bissey and under the pretense of desiring to purchase the property got possession of the title papers, and took them to a responsible conveyancer to whom he applied for a loan of $5,000 to be secured by a mortgage of the property. The conveyancer, believing the man to be Dr. Bissey and the owner of the premises, negotiated…
2Cases cited3 opinions
- Robertson v. ColemanMassachusetts Supreme Judicial Court · 1886
- Emporia National Bank v. ShotwellSupreme Court of Kansas · 1886
- Maloney v. Clark & Co.Supreme Court of Kansas · 1870
3Cited by63 opinions
- Stone & Webster Engineering Corp. v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1962
- American Sash & Door Co. v. Commerce Trust Co.Supreme Court of Missouri · 1933
- Land Title Bank & Trust Co. v. Cheltenham National BankSupreme Court of Pennsylvania · 1949
- Brighton, Inc. v. Colonial First Nat'l BankNew Jersey Superior Court Appellate Division · 1980
- Home Indemnity Co. v. State BankSupreme Court of Iowa · 1943
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