Legal Opinion

Dimes Savings Institution v. Allentown Bank

Supreme Court of Pennsylvania

Decided March 18, 1869No. 145PublishedCited by 3 opinions

Error to the Court of Common Pleas of Lehigh county: No. 145, to July Term 1868. This was an action of assumpsit brought, August 3d 1861, by The Allentown Bank against The Dimes Savings Institution. On the 10th of December 1860, the Dimes Savings Institution being indebted to the Allentown Bank in the sum of $524.65, the cashier of the savings institution gave to the cashier of the bank a bag containing $487 in coin.

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Error to the Court of Common Pleas of Lehigh county: No. 145, to July Term 1868. This was an action of assumpsit brought, August 3d 1861, by The Allentown Bank against The Dimes Savings Institution. On the 10th of December 1860, the Dimes Savings Institution being indebted to the Allentown Bank in the sum of $524.65, the cashier of the savings institution gave to the cashier of the bank a bag containing $487 in coin. The coin was sent the next day by the cashier of the bank to Cronise & Co., Philadelphia, for sale, with instructions to deposit the proceeds to the credit of the hank in the…

1Opinion of the Court

The opinion of the court was delivered, March 25th 1869, by

Agnew, J.

This case was not properly presented to the jury. The judge thought it proper to read to the jury the opinion of this court reversing his former judgment and to submit the case thereon. Why he did so, it is difficult to know. The opinion of this court *395upon the case as exhibited in the former trial was not a fair presentation of the case on the second trial. It was in no sense a charge to the jury, its purpose being wholly different. In the first trial the judge had taken the case away from the jury, without submitting to them…

2Cited by3 opinions

  1. Commonwealth v. TownsendSuperior Court of Pennsylvania · 1950
  2. Scranton Lackawanna Trust Co. v. BirbeckSupreme Court of Pennsylvania · 1939
  3. Close v. DerbyshireSuperior Court of Pennsylvania · 1951

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