Bank of Commerce v. Fisher

Citations

• 65 Pa. Super. 369
• 1917 Pa. Super. LEXIS 1

Syllabus

<p>Bailment — Fledge of booh accounts — Negligence in failing to collect — Case for jury.</p> <p>Where overdue accounts due by a trading partnership have been assigned to a bank with sole right of collection as collateral security for advances under an agreement whereby the assignor guarantees payment in full at maturity of the accounts assigned, the bank will be liable in damages to the assignor for a loss resulting from negligence in failing to collect the accounts, where it appears that the bank made no effort to collect the accounts, except by telephone and letter, that no effort was made to collect them by suit, and that no notice was given to the assignor of the nonpayment of the accounts until after a receiver in bankruptcy had been appointed in proceedings against the partnership.</p> <p>In such a ease the general course of conduct of the bank in collections is not material, to show that it was not negligent as to the particular accounts in question; nor is it material what the defendant might have done under the circumstances.</p> <p>Appeals — Assignment of error — Defective assignments.</p> <p>Assignments of errors setting forth general statements in relation to the charge without setting forth portions of the charge, are in violation of the rules and will not be considered.</p> <p>Assignments of error refusing to affirm points, setting forth the points, but not the answer thereto, are insufficient.</p>