Evans v. Commercial Trust Co.

Citations

• 76 Pa. Super. 304
• 1921 Pa. Super. LEXIS 141

Syllabus

<p>Banks and hanking — Failure to pay check — Presentation for payment — Question for jury.</p> <p>In an action of trespass by a depositor against a bank, to recover damages for failure of the bank to pay a check, it was proper to submit the ease to the jury, where the defendant bank denied that the check had ever been presented for payment and the evidence of the plaintiff was that the cheek was sent in due course through the clearing house and came back unpaid, although the plaintiff had but the one account and, at the time the check was given, had an ample balance to pay it.</p> <p>Evidence — Business methods — Presentation of 'check for payment.</p> <p>The commercial business of the world has long ago outgrown conditions upon which many, of what were once considered basic, rules of evidence were founded. Many of the transactions of modern business could not be successfully established if direct and positive evidence of a witness, who personally knew the details of each step of each transaction, were required. On the question, as to whether or not a cheek was presented for payment, it was sufficient to take the ease to the jury, for the plaintiff to show that the check was sent in due course through the clearing house.</p>