Erisman v. Delaware County National Bank
Superior Court of Pennsylvania
Appeal No. 44, Nov. T., 1895, by plaintiff, from judgment of C. P. Delaware Co., March T., 1894, No. 64, directing verdict for defendant. Assumpsit to recover $300, the amount of a check alleged to have been deposited with defendant as trust funds to use of plaintiff. Before Clayton, P. J. The facts appear from the following extract from the opinion of the court below dismissing plaintiff’s motion for a new trial.
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Appeal No. 44, Nov. T., 1895, by plaintiff, from judgment of C. P. Delaware Co., March T., 1894, No. 64, directing verdict for defendant. Assumpsit to recover $300, the amount of a check alleged to have been deposited with defendant as trust funds to use of plaintiff. Before Clayton, P. J. The facts appear from the following extract from the opinion of the court below dismissing plaintiff’s motion for a new trial. On August 28, 1893, A. H. Tyson gave the plaintiff his check for $400 on the Delaware County National Bank, the defendant, payable September 14, 1893. September 12, 1893, Tyson…
1Opinion of the Court
Opinion by
Rice, P. J.,
In the application of the general rule of equity as to the right to follow trust funds so long as they can be traced in spite of transmutation of form or change of possession, it is uniformly held that the true ownership of a fund deposited in bank may be proved to be in another than the person in whose name the deposit is made, but whether the bank is chargeable to the true owner must depend upon the circumstances of the case: Stair v. York Nat’l Bank, 55 Pa. 364. Where the depositor could recover it in an action at law, if he were the true owner, the latter can recover…
2Cases cited6 opinions
- Farmers' & Mechanics' National Bank v. KingSupreme Court of Pennsylvania · 1868
- Frazier v. Erie BankSupreme Court of Pennsylvania · 1844
- Stair v. York National BankSupreme Court of Pennsylvania · 1866
- Maginn v. Dollar Savings BankSupreme Court of Pennsylvania · 1890
- Bardsley v. DelpSupreme Court of Pennsylvania · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- National Bank v. BonsorSuperior Court of Pennsylvania · 1909
- Frank v. KurtzSuperior Court of Pennsylvania · 1897
- New Waterford Bank v. Freeman Buick-Pontiac Co., Pennsylvania Court of Common Pleas, Lawrence County1963
- New Waterford Bank v. Morrison Buick, Inc., Pennsylvania Court of Common Pleas, Lawrence County1965
- Real Estate-Land Title & Trust Co. v. Butler, Pennsylvania Court of Common Pleas, Philadelphia County1928