Legal Opinion

Stewart v. Pen Argyl National Bank

Supreme Court of Pennsylvania

Decided February 1, 1932No. Appeal, 39PublishedCited by 5 opinions

The court’s refusal to charge that defendant’s vice-president, Mr. Oyer, had a right to expect a guaranteed title and the court’s reason therefor are not error: Ditmars v. Com., 47 Pa. 335; Leibig v. Steiner, 94 Pa. 466. Under the evidence, the damages were the amount of the draft with interest: Farmers & M. Nat. Bank v. Bank, 30 Pa. Superior Ct. 271; Bulliet v. Trust Co., 284 Pa. 561; Russo-Chinese Bank v. Bank, 241 U. S. 403; Bank of Commerce v. Fisher, 65 Pa.

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The court’s refusal to charge that defendant’s vice-president, Mr. Oyer, had a right to expect a guaranteed title and the court’s reason therefor are not error: Ditmars v. Com., 47 Pa. 335; Leibig v. Steiner, 94 Pa. 466. Under the evidence, the damages were the amount of the draft with interest: Farmers & M. Nat. Bank v. Bank, 30 Pa. Superior Ct. 271; Bulliet v. Trust Co., 284 Pa. 561; Russo-Chinese Bank v. Bank, 241 U. S. 403; Bank of Commerce v. Fisher, 65 Pa. Superior Ct. 369; Fidelity T. & T. Co. v. Bank, 277 Pa. 401.

1Opinion of the Court

Opinion by

Mr. Justice Drew,

This action in trespass is for damages for negligence. There is no doubt of the merit or justice of the case. The plaintiff forwarded to the defendant bank a deed with sight draft attached, with written instructions to collect the draft before delivering the deed. The defendant recorded the deed, passing the property to the purchaser, but did not collect the draft. The plaintiff lost his property and has not received the consideration for which it was sold. After verdict for plaintiff, and refusal of motions for new trial and judgment n. o. v., judgment was entered…

2Cases cited15 opinions

  1. National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
  2. Merchants' National Bank v. GoodmanSupreme Court of Pennsylvania · 1885
  3. Mechanics Bank v. EarpSupreme Court of Pennsylvania · 1834
  4. Leibig v. SteinerSupreme Court of Pennsylvania · 1880
  5. Union Trust Co. v. MeansSupreme Court of Pennsylvania · 1902

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3Cited by5 opinions

  1. Nalevanko v. MarieSupreme Court of Pennsylvania · 1937
  2. Bowles v. Six States Coal Corp.District Court, W.D. Pennsylvania · 1946
  3. Bunge v. First Nat. BankDistrict Court, M.D. Pennsylvania · 1940
  4. Bunge v. First Nat. Bank of Mount Holly Springs, Pa.Court of Appeals for the Third Circuit · 1941
  5. Bunge v. First Nat. Bank of Mount Holly Springs, Pa.Court of Appeals for the Third Circuit · 1941

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