Legal Opinion

Bank of Mifflintown v. Bank of New Kensington

Supreme Court of Pennsylvania

Decided January 2, 1915No. Appeal, No. 194PublishedCited by 7 opinions

Appeal, No. 194, Oct. T., 1914, by plaintiff, from judgment of C. P. Westmoreland Co., May T., 1912, No. 863, on directed verdict for defendant in case of First National Bank of Mifflintown, Pa., v. First National Bank of New Kensington, Pa. Assumpsit for money had and received to plaintiff’s use. Before McConnell, J. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed.

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Appeal, No. 194, Oct. T., 1914, by plaintiff, from judgment of C. P. Westmoreland Co., May T., 1912, No. 863, on directed verdict for defendant in case of First National Bank of Mifflintown, Pa., v. First National Bank of New Kensington, Pa. Assumpsit for money had and received to plaintiff’s use. Before McConnell, J. The opinion of the Supreme Court states the facts. Verdict for defendant by direction of the court and judgment thereon. Plaintiff appealed. Errors assigned were in refusing plaintiff’s motion for a new trial, wherein various alleged errors of the trial court were set forth.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

From the record in this case it appears that the First National Bank of Mifflintown deposited funds in the First National Bank of New Kensington, upon an agreement that the latter was to pay interest at the rate of four per cent, per annum on daily balances. In its statement of claim, plaintiff avers that there was an agreement that “of the said moneys so deposited, the First National Bank of New Kensington might invest for plaintiff, in the purchase of bills of lading for grain, to be held by the First National Bank of New Kensington for the account of the…

2Cases cited1 opinion

  1. Guemple v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1909

3Cited by7 opinions

  1. First National Bank v. Fidelity Title & Trust Co.Supreme Court of Pennsylvania · 1916
  2. Andrews v. MarsdenSupreme Court of Pennsylvania · 1923
  3. Lawver v. AndersonSuperior Court of Pennsylvania · 1919
  4. Whipple v. LewisSuperior Court of Pennsylvania · 1918
  5. Acker ex rel. First National Bank v. DelpSuperior Court of Pennsylvania · 1921

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