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