Legal Opinion

Cohen v. State Bank

Superior Court of Pennsylvania

Decided March 2, 1918No. Appeal, No. 244PublishedCited by 7 opinions

Appeal, No. 244, Oct. T., 1917, by defendant, from judgment of Municipal Ct., March T., 1917, No. 486, on verdict for plaintiff in case of B. Cohen v. State Bank of Philadelphia. Trespass for damages for refusing payment of a bank check. Before MacNeille, J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $53. Defendant appealed. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Trexler, J.,

Plaintiff, the treasurer of the United Favor Society, gave to Arkin a check dated February 4, 1917, for $150 to be delivered to the payee, Harry Levin, who had borrowed the amount from the society. Levin, who had directed that the check be given to Arkin, went to him and got the check from him while he was asleep or at least so drowsy that he forgot the incident and when he recovered full consciousness, finding the check gone thought he bad lost it and so informed the plaintiff. Thereupon plaintiff went to the bank upon which the check was *42drawn and stopped payment using…

2Cited by7 opinions

  1. Thomas v. First Nat. Bank of ScrantonSupreme Court of Pennsylvania · 1954
  2. Thomas v. First National BankSuperior Court of Pennsylvania · 1953
  3. Abrams v. Homewood Bank, Pennsylvania Court of Common Pleas, Alleghany County1951
  4. Clemente v. Mellon National Bank & Trust Co., Pennsylvania Court of Common Pleas, Alleghany County1951
  5. Michaels v. First National Bank, Pennsylvania Court of Common Pleas, Lackawanna County1950

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