Connors v. Old Forge Discount & Deposit Bank

Citations

• 245 Pa. 97
• 91 A. 210
• 1914 Pa. LEXIS 838

Syllabus

<p>Banks and banking — Checks—Forged endorsement of payee’s name — Payment by bank — Notice to bank of forgery — Action by drawer — Nonsuit.</p> <p>1. While a hank may be liable for the amount of a check which it had paid on the forged endorsement of the payee, the drawer cannot recover where he fails to prove that notice was given to the bank promptly upon his discovery of the forgery.</p> <p>2. In an action by the drawer of a check against the drawee bank which had paid the check upon a forged endorsement of the payee’s name, and had charged the amount thereof to the plaintiff, the court properly refused to take off a compulsory nonsuit where it appeared that the plaintiff did not notify the defendant bank of the forgery until forty-three days after he must have learned of it.</p>