Farmers & Mechanics' Bank v. Boraef
Supreme Court of Pennsylvania
The defendant in error¿ Henry Eoraef, brought this action of - assumpsit against the Farmers and Mechanics’ Bank, to recover the sum of eight hundred dollars, alleged to have been deposited by him with the bank. - On the trial, the plaintiff gave .in evidence his bank book, containing an entry made by Henry Meyers, a clerk of the bank, of a deposit of eight hundred dollars, by the plaintiff, on the 7th of October, 1825. He also produced a witness, who swore to having made…
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The defendant in error¿ Henry Eoraef, brought this action of - assumpsit against the Farmers and Mechanics’ Bank, to recover the sum of eight hundred dollars, alleged to have been deposited by him with the bank. - On the trial, the plaintiff gave .in evidence his bank book, containing an entry made by Henry Meyers, a clerk of the bank, of a deposit of eight hundred dollars, by the plaintiff, on the 7th of October, 1825. He also produced a witness, who swore to having made such a deposit on that day. .The defendants then offered to give in evidence an entry in a book of the bank, of the…
1Opinion of the Court
The opinion of the court was delivered by
Tod, J.
Boraef, the plaintiff below, sued the bank in assumpsit for money had and received, and on the trial produced his bank book, showing, a deposit of eight hundred dollars, made on the 7th of October, 1825. He also produced a witness, who swore that he, the witness, made that identical deposit for the plaintiff on that day. •
The defence was, that the money deposited was' in fact eighty dollars, and that the figures “800” had been set down in Boraef’s book by mistake, instead of “ SO,” by Henry Meyers, a clerk- in the bank, who received the deposit.…
2Cases cited1 opinion
- Hayden v. MentzerSupreme Court of Pennsylvania · 1823
3Cited by11 opinions
- Merrill v. Ithaca & Owego Rail RoadNew York Supreme Court · 1837
- Owens v. StateCourt of Appeals of Maryland · 1887
- The People v. GreenspawnIllinois Supreme Court · 1931
- Vinal v. GilmanWest Virginia Supreme Court · 1883
- Commonwealth v. LeviSuperior Court of Pennsylvania · 1910
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