44 A. 280 (Pa. 1899), 294, Myers v. Southwestern National Bank

Docket Nº:294
Citation:44 A. 280, 193 Pa. 1
Opinion Judge:MR. CHIEF JUSTICE STERRETT:
Party Name:Jacob Myers, Appellant, v. The Southwestern National Bank
Attorney:Alex. Simpson, Jr., with him Francis Shunk Brown, for appellant. John G. Johnson, with him Frank P. Prichard, for appellee
Judge Panel:Before STERRETT, C.J., GREEN, WILLIAMS, McCOLLUM, MITCHELL, DEAN and FELL, JJ.
Case Date:October 06, 1899
Court:Supreme Court of Pennsylvania
 
FREE EXCERPT

Page 280

44 A. 280 (Pa. 1899)

193 Pa. 1

Jacob Myers, Appellant,

v.

The Southwestern National Bank

No. 294

Supreme Court of Pennsylvania

October 6, 1899

Argued: January 19, 1899

Appeal, No. 294, Jan. T., 1898, by plaintiff, from judgment of C.P. No. 1, Phila. Co., Dec. T., 1896, No. 470, on verdict for defendant. Affirmed.

Assumpsit to recover an amount alleged to be due on a bank deposit. Before BIDDLE, P.J.

Plaintiff's statement was as follows:

Jacob Myers, the plaintiff in the above case, claims to recover from the Southwestern National Bank, the defendant therein, the sum of $13,090, with interest thereon from May 22, 1894, which sum plaintiff avers is justly due and owing by the defendant to him by reason of the following: Defendant was and is engaged in the banking business, and plaintiff was a depositor with it. When the plaintiff's account with defendant was opened it was then and there agreed by defendant that if plaintiff would deposit with it in consideration of its being allowed to use the moneys so deposited it would honor all checks and drafts drawn by him upon said account, and would safely keep the moneys so deposited by him, so that the same should be paid only to him or on his order. In accordance with the custom of banks, plaintiff thereupon signed his name in a signature book kept by defendant, that it might know his signature when checks or drafts drawn or purporting to be drawn by him upon said account were presented to the bank for payment. In accordance with the said agreement, plaintiff, on the dates set out in the following account, deposited with defendant the sums set out as cash in said account, and at the times in said account set forth defendant discounted for plaintiff the notes referred to therein, all of which were discounted so as to permit plaintiff to draw there against, and have long since been paid in cash to defendant. The following is a copy of said account as taken from plaintiff's deposit book with said defendant.

* * *

Said account aggregates the sum of $622,040.63, all of which was received by defendant for plaintiff's account under and in accordance with their agreement. During this period defendant paid to plaintiff, or upon his account, checks and notes drawn by him upon and payable out of said deposits and discounts, for various sums, aggregating $602,032.43. Defendant also wrongfully charged to plaintiff's account, sometime between March 26, 1891, and May 29, 1891, the exact dates of which are not known to plaintiff, two forged checks or notes, purporting to have been drawn by plaintiff for $300 and $200 respectively. Defendant also wrongfully charged to plaintiff's account sometime between May 29, 1891, and August 4, 1891, the exact dates of which are not known to the plaintiff, three forged checks or notes purporting to have been drawn by plaintiff for $400, $400 and $100 respectively. Defendant also wrongfully charged to plaintiff's account sometime between August 4, 1891, and September 29, 1891, the exact dates of which are not known to plaintiff, three forged checks or notes purporting to have been drawn by plaintiff, each for the sum of $500. Defendant also wrongfully charged to plaintiff's account sometime between September 29, 1891, and December 24, 1891, the exact dates of which are not known to plaintiff, two forged checks or notes purporting to have been drawn by plaintiff, for $500 and $1,275 respectively. Of this latter sum plaintiff believes $975 thereof was expended on plaintiff's account, but without any knowledge whatever on his part of the manner in which it was obtained. Defendant also wrongfully charged to plaintiff's account, sometime between December 24, 1891, and May 12, 1892, the exact dates of which are not known to plaintiff, three forged checks or notes purporting to have been drawn by plaintiff for $200, $435 and $400 respectively. Of these sums plaintiff believes that $435 thereof was expended on plaintiff's account, but without any knowledge whatever on his part of the manner in which it was obtained. Defendant also wrongfully charged to plaintiff's account sometime between May 12, 1892, and September 8, 1892, the exact dates of which are not known to plaintiff, three forged checks or notes purporting to have been drawn by plaintiff for $500, $1,250 and $550 respectively. Of these sums plaintiff believes that $600 thereof was expended on plaintiff's account, but without any knowledge whatever on his part of the manner in which it was obtained. Defendant also wrongfully charged to plaintiff's account sometime between September 8, 1892, and January 3, 1893, the exact dates of which are not known to plaintiff, three forged checks or notes purporting to have been drawn by plaintiff, for $500, $1,400 and $500 respectively. Of these sums plaintiff believes that $900 thereof was expended on plaintiff's account, but without any knowledge whatever on his part of the manner in which it was obtained. Defendant also wrongfully charged to plaintiff's account sometime between January 13, 1893, and February 28, 1893, the exact dates of which are not known to plaintiff, two forged checks or notes purporting to have been drawn by plaintiff for $540 and $1,500 respectively. Defendant also wrongfully charged to plaintiff's account sometime between February 28, 1893, and July 14, 1893, the exact dates of which are not known to plaintiff, two forged checks or notes purporting to have been drawn by plaintiff, for $500 and $1,500 respectively. Defendant also wrongfully charged to plaintiff's account sometime between July 14, 1893, and October 2, 1893, the exact date of which is not known to plaintiff, a forged check or note, purporting to have been drawn by plaintiff, for $500. Defendant also wrongfully charged to plaintiff's account sometime between October 2, 1893, and November 24, 1893, the exact date of which is not known to plaintiff, a forged check or note, purporting to have been drawn by plaintiff, for $500. Defendant also wrongfully charged to plaintiff's account sometime between November 24, 1893, and December 31, 1893, the exact date of which is not known to plaintiff, a forged check or note, purporting to have been drawn by plaintiff, for $350.

Plaintiff avers that all of said forged checks and notes were drawn by one J. Edward Simpson, who was a bookkeeper of plaintiff, and was neither a...

To continue reading

FREE SIGN UP