Colonial Trust Co. v. National Bank

Citations

• 50 Pa. Super. 510
• 1912 Pa. Super. LEXIS 87

Syllabus

<p>Banks and banking — Checks—Forged checks — Statutes—Repeal—Acis of April 5,1849, P. L- 4®4, awd dFLay 16,1901, P. L. 194-</p> <p>The Act of April 5,1849, P. L. 424, which gives to a bank or anyone who has paid a forged check the right to recover the money from the person to whom it has been paid if prompt notice is given, is not repealed either expressly by the Act of May 16, 1901, P. L. 194, or by implication by sec. 62 of the act of 1901, which provides that the acceptor by accepting the instrument, engages that he will pay according to the tenor of his acceptance. The mere payment of the forged check is not an acceptance within the meaning of sec. 62, inasmuch as see. 132 of the act states that an acceptance within the meaning of the statute is an acceptance in writing.</p>