First N. B. of Tamaqua v. Shoemaker
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OF SCHUYLKILL COUNTY. No. 363 January Term 1886, Sup. Ct.; court below, No. 876 September Term 1874, O. P. Tbe action was begun by summons in assumpsit on August 24, 1874, by Daniel Sbepp and J. B. Hursh, trading as Daniel Sbepp & Co., against tbe First National Bank of Tamaqua.
Read the full summary
ERROR TO THE COURT OE COMMON PLEAS OF SCHUYLKILL COUNTY. No. 363 January Term 1886, Sup. Ct.; court below, No. 876 September Term 1874, O. P. Tbe action was begun by summons in assumpsit on August 24, 1874, by Daniel Sbepp and J. B. Hursh, trading as Daniel Sbepp & Co., against tbe First National Bank of Tamaqua. Tbe declaration, filed April 15,1875, contained tbe common counts, and a special count for tbe amount of a check drawn by John A. Shoemaker to tbe order of Daniel Sbepp & Co. upon tbe First National Bank of Tamaqua, for $399.31, dated August 26,1864, and averred funds of said…
1Opinion of the Court
Opinion,
Mr. Justice Gbeen:
It has been repeatedly held that the holder of a bank check has no right of action on the check against the bank. Although there may be funds of the drawer sufficient to pay the check in the hands of the bank at the time of presentment and no other appropriation of them made, yet the bank may refuse payment without subjecting itself to a suit by the holder : Saylor v. Bushong, 12 W. N. 81; Northumberland Bank v. McMichael, 106 Pa. 460; Bank of the Republic v. Millard, 10 Wall. 152. In Harrisburg N. Bank’s Appeal, 10 W. N. 41, we said that an ordinary bank check “ is…
2Cases cited4 opinions
- Bank of the Republic v. MillardSupreme Court of the United States · 1870
- Tyrrill v. LambSupreme Court of Pennsylvania · 1881
- Wright v. Hart's AdministratorSupreme Court of Pennsylvania · 1863
- First National Bank v. McMichaelSupreme Court of Pennsylvania · 1884
3Cited by11 opinions
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Allen v. City of DavenportSupreme Court of Iowa · 1901
- Tibby Bros. Glass Co. v. Farmers & Mechanics BankSupreme Court of Pennsylvania · 1908
- Bryan v. First National BankSupreme Court of Pennsylvania · 1903
- Leach v. Germania Building Ass'nSupreme Court of Iowa · 1897
6 more not listed; retrieve them via the Exa API.