Market St. Title & Trust Co. v. Chelten Trust Co.

Dissenting Opinion by

Mr. Justice Schaffer :

The Market Street Title & Trust Company made out its check to S. W. Samson. The check was intended for' A. W. Sanson. He was an attorney who was entitled to receive the money in payment of a mortgage. By mistake, the check was mailed to Albert W. Sampson, a police officer. When Sampson received the check he took it to the Chelten Trust Company. He had no account there and they knew nothing about him except that he was recognized by the teller who received the check from him as a police officer whom he had seen in the vicinity of the bank. When the…