Gunster v. Scranton Illuminating, Heat & Power Co.
Supreme Court of Pennsylvania
Appeal, No. 64, Jan. T., 1897, by-plaintiff, from order of C. P. Lackawanna Co., Nov. T., 1890, No. 423, dismissing exceptions to referee’s report. Assumpsit upon two promissory notes. Exceptions to referee’s report.
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Appeal, No. 64, Jan. T., 1897, by-plaintiff, from order of C. P. Lackawanna Co., Nov. T., 1890, No. 423, dismissing exceptions to referee’s report. Assumpsit upon two promissory notes. Exceptions to referee’s report. The case was referred to W. W. Lathrope, Esq., as referee, who found the facts to be as follows: 1. The Scranton City Bank was a corporation organized under the laws of Pennsylvania. 2. On the 13th day of May, 1889, and for some time prior, thereto, George A. Jessup was vice president of the said bank and had the principal management of its affairs. Among other things he attended…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The referee found that there was nothing in the transaction so far out of the ordinary course of business as to make it unusual or such as should excite suspicion had the bank been acting through any of its officers except Jessup. Jessup was the treasurer of the defendant company, and the person who made its promissory notes, had them discounted for it, and drew its checks. These were usually, but not always, taken from its regular check book, and the body of them was usually in the hand writing of the secretary and book-keeper, though signed by Jessup. The…
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