Pepperday v. Citizens National Bank
Supreme Court of Pennsylvania
Appeal, No. 91, Oct. T., 1897, by do fend ant, from judgment of C. P. Westmoreland Go., Feb. T., 189G, No. 548, on verdict for plaintiff. Mitchell and Williams, JJ., dissent. Assumpsit by a depositor against a bank. Before Doty, P. J. At the trial it appeared tbat on September 19,1895, tlie plaintiff, who owned certain shares of Penna.
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Appeal, No. 91, Oct. T., 1897, by do fend ant, from judgment of C. P. Westmoreland Go., Feb. T., 189G, No. 548, on verdict for plaintiff. Mitchell and Williams, JJ., dissent. Assumpsit by a depositor against a bank. Before Doty, P. J. At the trial it appeared tbat on September 19,1895, tlie plaintiff, who owned certain shares of Penna. R. R. stock, and who was a, depositor of defendant, a national bank in Latrobe, Pa., brought to the defendant a number of said shares of said stock, with the request that they be placed on sale with L. H. Tayloi & Co., a firm of bankers and brokers, in…
1Opinion of the Court
Opinion by
Mb. Justice Green,
If the plaintiff had been the owner of the check in question, and had deposited it with the defendant bank for collection, it may be conceded that the bank would not have been liable for nonpayment of the check. While the course .and the process *522of collection were rather slow, it was still within the limits of ordinary bank usage, and we think a charge of negligence could not have been established. But the trouble with the case is that there were no such facts in it. The plaintiff was not ,the owner of the check, and he did not deposit it for collection. The check…
2Cases cited4 opinions
- Merchants' National Bank v. GoodmanSupreme Court of Pennsylvania · 1885
- Hazlett v. Commercial N. BankSupreme Court of Pennsylvania · 1890
- Fifth N. Bank v. AshworthSupreme Court of Pennsylvania · 1889
- Paul v. GrimmSupreme Court of Pennsylvania · 1895
3Cited by5 opinions
- Fischbach & Moore, Inc. v. Philadelphia National BankSuperior Court of Pennsylvania · 1938
- Commonwealth ex rel. Carpenter v. CarpenterSuperior Court of Pennsylvania · 1959
- Bunge v. First Nat. Bank of Mount Holly Springs, Pa.Court of Appeals for the Third Circuit · 1941
- Bunge v. First Nat. Bank of Mount Holly Springs, Pa.Court of Appeals for the Third Circuit · 1941
- Savings Institution of Williamsport v. FolkSuperior Court of Pennsylvania · 1909