68 Pa.Super. 310 (Pa.Super. 1917), 211-1916, Judge v. West Philadelphia Title & Trust Co.

Docket Nº:211-1916
Citation:68 Pa.Super. 310
Opinion Judge:PORTER, J.
Party Name:Judge v. West Philadelphia Title & Trust Co., Appellant
Attorney:Alex. Simpson, of Simpson, Brown & Williams, for appellant, William A. Carr, with him John M. Hill, W. Horace Hepburn and Sidney L. Krauss, for appellee,
Judge Panel:Before Orlady, P. J., Porter, Head, Trexler and Williams, JJ.
Case Date:November 19, 1917
Court:Superior Court of Pennsylvania
 
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Page 310

68 Pa.Super. 310 (Pa.Super. 1917)

Judge

v.

West Philadelphia Title & Trust Co., Appellant

No. 211-1916

Superior Court of Pennsylvania

November 19, 1917

Argued November 3, 1916

Page 311

[Syllabus Matter]

Page 312

Appeal by defendant, from judgment of C.P. No. 4, Philadelphia Co.-1913, No. 2896, on verdict for plaintiff in case of John P. Judge v. West Philadelphia Title and Trust Company.

Assumpsit to recover the amount of two checks alleged to have been wrongfully charged to the plaintiff's account as a depositor. Before Carr, J.

At the trial it appeared that the plaintiff was a depositor in the defendant's bank, which also had a deposit account of Walter H. Hays, Secretary. Upon September 21, 1912, Zelley, who was not known to the defendant, presented for payment two checks purporting to have been drawn by Hays, Secretary, one for $ 300, to the order of Biesantz and endorsed by him, and the other for $ 150 to the order of Sullivan and endorsed by him. Zelley had also endorsed them.

W. H. Hoot, the paying teller of the defendant company, testified as follows, as to what occurred when the checks were presented:

" A. -- These checks were presented at my window by Mr. Zelley, and looking them over I said, 'the man's account is good for the amount, but I don't know you, nor do I know the endorsement on the back, and before I could cash them I would have to have them endorsed by somebody who had an account here, who would be responsible for them.' He said, 'Will Mr. Judge do?' I said, 'Yes, if Mr. Judge will endorse them and assume the responsibility, I will cash them.' He went out and came back shortly with Mr. Judge, and Mr. Judge said, 'Mr. Hoot, are these checks of Mr. Hays's any good?' I said, 'The man's account is good for the amount, but I don't know the endorsement,' and I said, 'If you will endorse them and stand for the whole thing, that is up to you, I am not familiar with the endorsement, I will cash them. The responsibility will be with you.' I have a clear recollection of making that statement.

" Q. -- When Mr. Judge came in can you remember just exactly what he said to you when he came in or in effect what he said to you?

" A. -- Mr. Judge wanted to know whether this man's account was good for the amount, and I said, 'Yes,' and I said, 'I want the endorsement of someone on the back there who will stand for the check.'

" Q. -- What was said about the identification of Mr. Zelley?

" A. -- Nothing was said as to the question of identification, to my recollection, whatever, it was a question of endorsement on the back, someone who would be responsible for the checks."

The plaintiff claimed that he endorsed the check merely for the purpose of identifying Zelley. He testified to the transaction as follows:

" We walked up to the paying teller, and I asked Mr. Hoot, the paying teller -- that is Mr. Hoot sitting there -- I asked him if the checks were all right, and he told me the checks were right, they had the money to pay them, but they didn't know Zelley. I told him I had known Zelley for three years and a half. 'Well,' he says, 'Put your name on these checks and identify him, and I will give him the money.' I...

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