Legal Opinion

Schmitt v. Mellon National Bank

Superior Court of Pennsylvania

Decided July 13, 1917No. Appeal, No. 118PublishedCited by 3 opinions

Appeal, No. 118, April T., 1917, by plaintiff, from order of C. P. Allegheny Co., July T., 1916, No. 1796, directing the county court to enter judgment for defendant in case of Victor J. Schmitt, Receiver of the Interstate Lumber Company, v. Mellon National Bank. Petition for leave to appeal from the judgment of the county court. Before Reid, J. The facts are stated in the opinion of the Superior Court.

Read the full summary

Appeal, No. 118, April T., 1917, by plaintiff, from order of C. P. Allegheny Co., July T., 1916, No. 1796, directing the county court to enter judgment for defendant in case of Victor J. Schmitt, Receiver of the Interstate Lumber Company, v. Mellon National Bank. Petition for leave to appeal from the judgment of the county court. Before Reid, J. The facts are stated in the opinion of the Superior Court. Error assigned was order directing judgment to be entered in the county court in favor of defendant.

1Opinion of the Court

Opinion by

Trexler, J.,

W. A. Coleman was treasurer of the Interstate Lumber Company. On October 15, 1909, he drew a check to the Mellon bank for the sum of $75 on the Eeal Estate Savings & Trust Company and signed the check, Interstate Lumber Company, W. A. Coleman, Treasurer. In the body of the check there were the words “To lift W. A. Coleman’s note to Shriver Lumber & Mfg. Co.” The check was certified by the Eeal Estate Savings & Trust Company. The Mellon bank received the money as agent of the Bank of Monongahela Valley located at Morgantown, West Virginia, who had forwarded the note for…

2Cases cited5 opinions

  1. Girard Bank v. Bank of Penn TownshipSupreme Court of Pennsylvania · 1861
  2. Central Guarantee Trust & Safe Deposit Co. v. WhiteSupreme Court of Pennsylvania · 1903
  3. Marks v. Anchor Savings BankSupreme Court of Pennsylvania · 1916
  4. Schmitt v. Potter Title & Trust Co.Superior Court of Pennsylvania · 1915
  5. Farmers' & Merchants' National Bank v. Elizabethtown National BankSuperior Court of Pennsylvania · 1906

3Cited by3 opinions

  1. Union Bank & Trust Co. v. Girard Trust Co.Supreme Court of Pennsylvania · 1932
  2. Hamburger Bros. & Co. v. Third National Bank & Trust Co.Supreme Court of Pennsylvania · 1939
  3. Steiner v. Germantown Tr. Co.Superior Court of Pennsylvania · 1931

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API