Burt v. North Philadelphia Trust Co.
Superior Court of Pennsylvania
Appeal, No. 118, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1905, No. 3,856, on verdict for plaintiff in case of John E. Burt v. North Philadelphia Trust Company. Trespass to recover damages for dishonoring a check. Before Brégy, J. At the trial the jury returned a verdict for plaintiff for $483.50. Subsequently the court entered judgment on the verdict dismissing defendant’s motion for judgment non obstante veredicto.
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Appeal, No. 118, Oct. T., 1910, by defendant, from judgment of C. P. No. 1, Phila. Co., Sept. T., 1905, No. 3,856, on verdict for plaintiff in case of John E. Burt v. North Philadelphia Trust Company. Trespass to recover damages for dishonoring a check. Before Brégy, J. At the trial the jury returned a verdict for plaintiff for $483.50. Subsequently the court entered judgment on the verdict dismissing defendant’s motion for judgment non obstante veredicto. Error assigned was in dismissing defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Morrison, J.,
This is an action of trespass brought to recover damages for the refusal of the defendant company to pay checks drawn by the plaintiff against his deposit with it, and for paying the money by the defendant to another party.
On July 14, 1904, the plaintiff was a depositor in the defendant company. A dispute arose as to the amount and ownership of his deposit. Afterwards he drew several checks against his deposit, payment of which were refused. A year after payment of the last check was refused he sued the defendant in assumpsit and declared for the amount of his deposit,…
2Cases cited23 opinions
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- Zell v. DunkleSupreme Court of Pennsylvania · 1893
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