Legal Opinion

First Pennsylvania Banking & Trust Co. v. Montgomery County Bank & Trust Co.

Pennsylvania Court of Common Pleas, Montgomery County

Decided September 17, 1962No. 441PublishedCited by 2 opinions

1Opinion of the Court

Forrest, P. J.,

Plaintiff, drawee of certain cheeks, having paid the checks upon presentment by a collecting bank, brought this action against the collecting bank on its warranty that the signatures of the payees on the endorsements are genuine: Uniform Commercial Code of April 6, 1953, P. L. 3, sec. 4-207(2) (a). Plaintiff alleged that the payees’ endorsements were forged, which was not denied by defendant.

Defendant answered plaintiff’s complaint, alleging in new matter that the person who signed on behalf of the maker of the check intended the payee to have no interest in the instrument and…

2Cases cited3 opinions

  1. Newark Finance Corp. v. AcocellaSupreme Court of New Jersey · 1935
  2. McNaghten Loan Co. v. SandiferSupreme Court of Kansas · 1933
  3. Pennsylvania Mut. Life Ins. v. Real Estate-Land T. & Tr. Co.Superior Court of Pennsylvania · 1934

3Cited by2 opinions

  1. North Carolina National Bank v. HammondSupreme Court of North Carolina · 1979
  2. Winkie, Inc. v. Heritage Bank of Whitefish BayWisconsin Supreme Court · 1979

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