Legal Opinion

Union Safe Deposit Bank v. Strauch

Superior Court of Pennsylvania

Decided April 21, 1902No. Appeal, No. 256PublishedCited by 4 opinions

Appeal, No. 256, Oct. T., 1901, by defendant, from judgment of C. P. Schuylkill Co., July T., 1901, No. 317, on verdict for plaintiff, in case of Union Safe Deposit Bank v. Thomas H. Strauch. Assumpsit by a bank against an indorser of a check. Before Bechtel, P. J. The court gave binding instructions for plaintiff. Verdict and judgment for plaintiff for $167.20. Defendant appealed. Error assigned was in directing verdict for plaintiff.

1Opinion of the Court

Opinion by

Orlady, J.,

This is an action of assumpsit to recover the amount of a check, with interest and protest charges thereon, which was made by one, J. R. Eyrich, and indorsed to the plaintiff bank by Thomas H. Strauch, the defendant, who received $150. The defense was that proper demand and protest had not been made by the notary public. The check was dated October 9, 1899, and was cashed by the plaintiff bank the same day, at Pottsvillé, Pa., and forwarded for collection, through its regular channel, to a bank in Philadelphia, and thence to Reading, Pa., where it was made payable, and…

2Cases cited2 opinions

  1. Rapp v. National Sec. Bank, Pennsylvania Court of Common Pleas, Philadelphia County1890
  2. Stephenson v. DicksonSupreme Court of Pennsylvania · 1854

3Cited by4 opinions

  1. Marwitz's EstateSupreme Court of Pennsylvania · 1926
  2. Corry Metal Corp. v. Martin Screen & Metal Weatherstrip Co., Pennsylvania Court of Common Pleas, Lancaster County1934
  3. Pioneer Knitting & Manufacturing Co. v. Kensington Security Bank & Trust Co.Pennylvania Municipal Court, Philadelphia County · 1932
  4. Savings Institution of Williamsport v. FolkSuperior Court of Pennsylvania · 1909

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