Hazlett v. Commercial N. Bank
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 319 January Term 1889, Sup. Ct.; court below, No. 602 December Term 1885, C. P. No. 2. On January 29, 1886, Samuel Hazlett brought assumpsit against the Commercial National Bank of Philadelphia. Issue.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 2 OF PHILADELPHIA COUNTY. No. 319 January Term 1889, Sup. Ct.; court below, No. 602 December Term 1885, C. P. No. 2. On January 29, 1886, Samuel Hazlett brought assumpsit against the Commercial National Bank of Philadelphia. Issue. At the trial on November 19, 1888, it was shown that on Monday, May 19, 1884, the plaintiff, a banker at Washington, Pa., mailed to the defendant bank at Philadelphia, with which he had an account of two years’ standing, his check or draft for §5,000, of that date, on the Penn Bank at Pittsburgh, Pa., drawn by…
1Opinion of the Court
Opimos,
Me. Chief Justice Paxson:
When the plaintiff drew his check for $5,000 on the Penn Bank of Pittsburgh, and deposited said check with the Commercial National Bank of Philadelphia for collection, he made the latter bank his agent. The mere fact that the collecting bank credited him with the check as cash did not alter that relation. This is done daily, — indeed, it is the almost universal usage to credit such collections as cash, unless the customer making such deposit is in weak credit. If the check is unpaid, it is charged off again, and the unpaid check returned to the depositor.
The…
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