Safe Deposit & Trust Co. v. Diamond National Bank
Supreme Court of Pennsylvania
Appeal, No. 178, Oct. T., 1899, by-plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1897, No. 734, on verdict for defendant. Assumpsit for money had and received. Before Collier, J. At the trial it appeared that in 1891, Theodore Doerflinger was administrator of the estate of John Wallace, deceased. He was a depositor in the Diamond National Bank, having an individual account and also one as treasurer of the Modern Building & Loan Association.
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Appeal, No. 178, Oct. T., 1899, by-plaintiff, from judgment of C. P. No. 1, Allegheny Co., June T., 1897, No. 734, on verdict for defendant. Assumpsit for money had and received. Before Collier, J. At the trial it appeared that in 1891, Theodore Doerflinger was administrator of the estate of John Wallace, deceased. He was a depositor in the Diamond National Bank, having an individual account and also one as treasurer of the Modern Building & Loan Association. He had no account as administrator. In July and August, 1891, he received three checks for the estate of John Wallace, deceased,…
1Opinion of the Court
Pee Curiam,
Upon the checks which were received by the administrator he had the undoubted right to draw the money and, if he chose, thereupon to deposit the money thus received to the credit of his own account, he had a perfect right to do so. What he did do was nothing more than the equivalent of such action on his part. The money having gone into his own account was subject to be drawn out upon his personal checks which the bank could not refuse to pay. The question is entirely different from the one which would arise if after the deposit was made it was claimed as money of the trust and the…
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