70 Pa.Super. 34 (Pa.Super. 1918), 248-1917, Pennsylvania Mut. Life Ins. Co. v. North Penn Bank

Docket Nº:248-1917
Citation:70 Pa.Super. 34
Opinion Judge:PORTER, J.
Party Name:Pennsylvania Mutual Life Insurance Company v. North Penn Bank, Appellant
Attorney:Frank A. Chalmers, with him J. Hector McNeal and Simpson, Brown and Williams, for appellant. Joseph Gilfillan, of Graham & Gilfillan, with him Richard T. McSorley and William J. Brady, for appellee,
Judge Panel:Before Orlady, P. J., Porter, Henderson, Head, Kephart, Trexler and Williams, JJ.
Case Date:July 10, 1918
Court:Superior Court of Pennsylvania
 
FREE EXCERPT

Page 34

70 Pa.Super. 34 (Pa.Super. 1918)

Pennsylvania Mutual Life Insurance Company

v.

North Penn Bank, Appellant

No. 248-1917

Superior Court of Pennsylvania

July 10, 1918

Argued October 16, 1917

Appeal by defendant, from judgment of C.P. No. 3, Philadelphia Co.-1916, No. 4977, on verdict for plaintiff in case of Pennsylvania Mutual Life Insurance Company v. North Penn Bank.

Assumpsit against a bank for the alleged wrongful payment of a check. Before Davis, J.

The opinion of the Superior Court states the case.

Verdict and judgment for plaintiff for $ 531.60. Defendant appealed.

Error assigned, among others, was refusal of judgment for defendant n. o. v.

Frank A. Chalmers, with him J. Hector McNeal and Simpson, Brown and Williams, for appellant. -- Story's authority to deliver the check necessarily included the authority to select and identify the payee: Adams Express Co. v. Schlessinger, 75 Pa. 246; Brooke v. N.Y., Lake Erie & Western R. R. Co., 108 Pa. 529; Independent B. & L. Assn. v. Real Est. Trust Co., 156 Pa. 181; DeTurck v. Matz, 180 Pa. 347; McCullough v. Hartford Fire Ins. Co., 2 Pa.Super. 233.

The fraud committed by Story against the defendant bank was not the ordinary risk which the bank assumes in its implied contract with its depositor: Iron City Nat. Bank v. Fort Pitt Nat. Bank, 159 Pa. 46; Land Title & Trust Co. v. N.W. Nat. Bank, 196 Pa. 230; Snyder v. Corn Exchange Nat. Bank, 221 Pa. 599; Marcus v. People's Nat. Bank, 57 Pa.Super. 345; Second Nat. Bank of Pittsburgh v. Guarantee T. & S. Dep. Co., 206 Pa. 616.

Joseph Gilfillan, of Graham & Gilfillan, with him Richard T. McSorley and William J. Brady, for appellee, cited: Robb v. Penna. Co., Etc., 3 Pa.Super. 259; McNeely Co. v. Bank of North America, 221 Pa. 588; Girard Trust Co. v. Boyd, 45 Pa.Super. 285; Second National Bank of Pittsburgh v. Guarantee Trust & Safe Dep. Co., 206 Pa. 616.

Before Orlady, P. J., Porter, Henderson, Head, Kephart, Trexler and Williams, JJ.

OPINION

PORTER, J.

Page 35

The plaintiff company was a depositor in the defendant bank and, on February 5, 1916, drew a check upon the bank payable to the order of Fannie Goetz, the beneficiary in a policy upon the life of Leo M. Goetz. The check was drawn after the plaintiff company had received proofs of death which had been forwarded by its local...

To continue reading

FREE SIGN UP