Bryan v. First National Bank

Citations

• 205 Pa. 7
• 54 A. 480
• 1903 Pa. LEXIS 501

Syllabus

<p>Banks and banking — Depositors—Checks.</p> <p>When a bank gives to one of its depositors credit on his pass book for checks drawn on it by another of its depositors, having on its books ample funds to pay them, such credit is equivalent to a payment to the first depositor in cash of the amount of the checks.</p> <p>Banks and banking — Unstamped checks — Evidence.</p> <p>Unstamped checks may be used in evidence where they are not offered to sustain the plaintiff’s claim or defendant’s defense.</p> <p>Where a bank accepts from a depositor unstamped checks, drawn by another depositor, and credits the first depositor’s account with them, but subsequently charges off the credit, it cannot when sued by the first depositor object to the offer of the checks in evidence, because of their unstamped condition.</p> <p>Banks and banking — Checks—Gambling contract.</p> <p>Where a bank receives a check from one of its depositors drawn by another depositor, and gives credit for the same, and subsequently after ascertaining that checks deposited by the second depositor had not been paid, charges off the credit given to the first depositor, and the latter sues the bank, the bank cannot allege as a defense that the checks deposited by the first depositor had been given to him in a gambling transaction.</p>